In May of 2010, an FOPALC member, a Sergeant, was disciplined for failing to properly log seized property into evidence.  The Sergeant had taken a discarded tire-jack from an abandoned drug-runner truck and placed it in a Department patrol vehicle for emergency use.  The Sergeant accepted full responsibility for his failure to properly log the abandoned tire-jack into evidence, and was willing to accept appropriate discipline.  However, the discipline administered was a demotion from Sergeant to Officer, which was disproportionately severe to the offense. 

Accordingly, the FOPALC attorney, Neil Landeen of the law firm of Yen, Pilch, Komadina, & Flemming, represented him throughout the investigation and disciplinary proceedings, as well as the demotion appeal hearing.  Neil was able to gather, via use of Arizona public records law, several examples of other employees who had been found to have violated the same policies, or who had committed much more egregious acts, yet they had been disciplined minimally.  The demotion appeal hearing was held before the City Merit System Protection Board.  At the hearing, Neil argued, among other things, that in demoting the Sergeant, the City had failed to administer discipline in a fair, impartial, and consistent manner.  At the conclusion of the hearing, the Board voted unanimously that the decision to demote was not made in good faith for cause, and that the Sergeant should be reinstated to the rank of Sergeant and given back pay.