Friday , October 19, 2012 - 4:02 PM
SALT LAKE CITY— An appeals court has ruled that a Saratoga Springs board must reconsider its decision to uphold a police officer’s demotion for failing to avoid contact with a female clerk in the days after he dropped his pants in front of her.
The Utah State Court of Appeals also said Thursday that the Employee Appeals Board should determine if the demotion of Aaron Rosen was consistent with Police Department disciplinary actions against other employees, The Salt Lake Tribunereported Friday.
Ryan Hancey, Rosen’s attorney, said he was happy the court agreed with some of Rosen’s points and is "requiring the Employee Appeals Board to analyze the issues in the correct way."
Rosen, currently a patrol supervisor, also works part-time as a country radio broadcast personality known as "Coyote McCoy."
Following the January 2011 incident that Rosen called a "wardrobe malfunction," his superior officers ordered then-Cpl. Rosen to have only professional contact with the female clerk.
However, court records indicate he attempted to make amends by putting a circus ticket he had gotten through the radio station in the clerk’s work mailbox and replied in a joking manner to an email she sent out.
The police chief gave Rosen a verbal reprimand and allowed him to make a short apology to the clerk when the investigation wrapped up two weeks later.
A few days later, Rosen congratulated the clerk for winning tickets in a radio station giveaway in which he had entered her name without her knowledge, according to court records.
Rosen was then placed on paid-administrative leave and later demoted for insubordination and conduct unbecoming an officer. He was accused of violating four orders requiring him to maintain only professional contact during the investigation, court records state.
The Employee Appeals Board upheld that demotion, but the Utah State Court of Appeals ruled the board should reconsider that decision.
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