Matthew Irvin, president of the White Rose Lodge No. 15, Fraternal Order of Police, said the mayor has stated that he would accept a court s ruling so the union is expecting him to follow the arbitrator s decision.
Irvin said the arbitration process is relatively inexpensive and quick and has worked for almost 50 years. The FOP and the city, he said, have respected these decisions in the past.
He said it s expensive to litigate in the courts. We’re spending a lot of money on this case where there’s no evidence of any wrongdoing, Irvin said.
In a statement, Ed Paskey, Swartz s attorney, said, “The Award is another vindication for Clay. The City did not want this matter to go to arbitration and tried repeatedly to prevent/delay the arbitration from happening.”
York City police officer can go to arbitration while city appeals decision, judge rules
A trial board cleared Officer Clayton Swartz of all three disciplinary charges against him: unbecoming conduct, use of alcohol off duty and truthfulness.
York Daily Record
A York City police officer whom a trial board cleared of allegations that he mocked the death of George Floyd can proceed to arbitration with his grievances, while the city is allowed to continue to appeal the decision in court, a judge ruled on Thursday.
Common Pleas Judge Matthew D. Menges held that the arbitrator, Thomas Leonard, can decide the issues that are properly before him, including whether Officer Clayton Swartz should be removed from unpaid administrative leave, compensated with back pay and reinstated.
More than three months later, a trial board composed of Capt. Matthew Leitzel, Lt. Derrick Millhouse and Detective First Class Scott Nadzom cleared Swartz of all three disciplinary charges against him: unbecoming conduct, use of alcohol off duty and truthfulness. His lawyers attached a copy of the findings as an exhibit to a recent court filing.
Swartz is now asking a judge to put the court proceedings on hold and compel the city to take part in arbitration. He wants the police department to take him off unpaid administrative leave, allow him to return to work and compensate him with back pay.