TERMINATION OVERTURNED: SERGEANT AWARDED FOUR YEARS OF BACK PAY AND BENEFITS A four-year battle to win his job back has ended successfully for veteran University of California at Riverside Police Sergeant Jack Kohlmeier. Fired in 1999 for off-duty conduct, Kohlmeier was reinstated in May, 2003, without reduction in his grade, rank, pay or benefits, and was awarded nearly $400,000 in back pay with interest, benefits, and attorney fees and costs. Kohlmeier's termination was upheld in November, 2000, by an arbitrator following an evidentiary hearing on allegations of dishonesty, insubordination, and reckless behavior away from the job. I petitioned the Riverside Superior Court for a writ of mandate because the arbitrator "abused his discretion" by reaching a decision that was not supported by his findings or the evidence presented by the university. The court remanded the decision to the arbitrator on two separate occasions for further hearing and briefing. The court's orders also required the arbitrator redetermine the appropriate discipline and set forth findings, conclusions, and reasons for his determination. Court Remands Arbitration Decision But Arbitrator Fails to Correct His Findings But on both occasions the arbitrator failed to set forth sufficient reasoning to explain why the evidence supported his findings or why his findings supported his conclusions. I brought supplemental petitions challenging the arbitrator's "revised" decisions. The courts recognize an implicit requirement an arbitrator must set forth findings to bridge the analytical gap between the raw evidence and the ultimate decision or order. A court can find an abuse of discretion if the arbitrator does not identify the findings supported by the evidence or explain how his decision is supported by those findings. Despite two opportunities to correct his decision to comport with the superior court's orders, the arbitrator failed to clarify his decision or explain how he came to his conclusions. He continued to rely on conclusions previously determined by the Court to be incorrect. He made other conclusions without first addressing whether he found sufficient evidence to support the initial charge of misconduct. Court Orders Kohlmeier Reinstated Jack Kohlmeier was a 25 year veteran of the UC Riverside Police Department. His employment history was outstanding and lacked previous discipline. Any further remand to the arbitrator or other delay would have deprived him of any meaningful review of the decision terminating his employment. On May 27, 2003, the Court granted my request to set aside the termination and reinstate Jack Kohlmeier. The decision required the University to return Kolhmeier to the rank of sergeant, with no change to his grade, rank, pay or benefits. He was awarded full back pay and benefits, with interest. The university was ordered to pay Kohlmeier's attorney fees and costs. The total amount of the award is estimated to be between $350,000 and $400,000. The court's award of attorney fees and costs was critical because Kohlmeier was forced to pay his own expenses in the case after the PORAC Legal Defense Fund denied coverage. Steven W. Welty Esq. is a former Yuba City police officer who has been representing law enforcement officers throughout California since 1999. He specializes in disciplinary issues, employment law and retirement law. The Law Firm of Mastagni, Holstedt and Amick represents public safety officers on appeals for coverage before the PORAC LDF Trustees and accepts discipline and criminal cases where LDF coverage is denied.