The Constitution protects an individual's "right to follow a chosen trade or profession" without governmental interference. He was like all of the good parts of Connie and Phil put together. You didn't let me fade away when I went away to college and always managed to find me for good times on both coasts. Soon afterwards, Soulsby told O'Donnell that Mayor Marion Barry was blocking O'Donnell's promotion to Assistant Chief of Police (a promotion Soulsby had promised to secure). Hennessy was unjustified and had damaged the MPD," and in which Hennessy acknowledged the existence of a tape of his confrontation with Soulsby. [citation needed], After leaving Celtic as a free agent,[8] O'Donnell signed for Sheffield Wednesday later that year. This site is protected by reCAPTCHA and the Google. The pact involved an attempt by Soulsby to prevent information that might have damaged his chances of confirmation from coming to light; members of the public might legitimately see this agreement as improper, or worse. Each of O'Donnell's memos to Soulsby involved important issues of Police Department policy--questions of how to rank the Department's law-enforcement priorities, and how to reform the operations of the Property Division (which were, O'Donnell claims, later shown by news reports to be in some need of reform). Kartseva was disqualified, for unknown but potentially serious reasons, from an uncertain and perhaps broad range of government employment; we found this to be potentially sufficiently stigmatic to render her unemployable in much of her field. Appeal from the United States District Court for the District of Columbia (No. According to O'Donnell, Soulsby "responded angrily that the article was untrue and ordered that nothing should be done to investigate the allegations." I was Mr. Phil's supervisor at the Chevy Chase Club and he was the most memorable employee I had the pleasure of working with. Robert C. Seldon, Washington, DC, argued the cause for appellant, with whom Joanne Royce was on the briefs. Hennessy to be a very loyal and extremely knowledgeable and hard-working individual--one who clearly is dedicated to the Metropolitan Police Department and the citizens of the District of Columbia. O'Donnell says that when Hennessy learned of this claim he confronted Soulsby, who admitted he had lied. But when it happens to someone you know and like, and someone you played with and trained with, it is horrible. Last time I was out in Baltimore was for a skatepark fundraiser. However, he was pronounced dead at 17:18 hours. He cites five events that prompted the retaliation against him: (1) his memo to Soulsby ranking crime issues in the District; (2) his discussions with Soulsby about the need to investigate the deaths of the 123 women; (3) his criticism of Soulsby's claim in the Ballou High School speech that the unsolved deaths were only discovered after O'Donnell and Hennessy were transferred; (4) his memos on improvements in the function of the Property Division; and (5) his letter to the Washington Post. Phil, you have been an important part of my life for the last 19 years. He also earned one international cap for Scotland and twice won the PFA Scotland Young Player of the Year award. In order to decide whether a public employee is within the "narrow band" of "key deputies" who are subject to this analysis, id. O'Donnell began his career with the Police Department almost three decades ago, in 1969. [27], There is am annual sponsored walk, started on 29 December 2008, to honour O'Donnell's memory. "Speech that concerns issues about which information is needed or appropriate to enable members of society to make informed decisions about the operation of their government merits the highest degree of first amendment protection." He will not be forgotten. Phil was whip-smart, open-minded, sensitive, wickedly funny and unlike any other person I have ever met, before or sinceour world has lost a true original. [citation needed]. A spokesman for the SPL confirmed that Motherwell's match at Hibernian on Wednesday has been postponed and cast doubt over their next home fixture against Celtic next Sunday going ahead. We applied this exception in Kartseva v. Department of State, 37 F.3d 1524 (D.C. Cir. We were skating the bowl at Vans skatepark and we talked like we had been friends for years and I had only met him an hour ago. We have just begun to read the wonderful tributes to our son. 2d 523 (1987). Opinion for the Court filed by Circuit Judge WALD. If it is O'Donnell's claim that Soulsby retaliated against him for seeking to dissuade Soulsby from committing a grave breach of the public trust (or for some other impermissible reason) he should make that claim more explicitly. 1 country hit, "That . 1992) (finding that although a letter circulated by a teacher to fellow teachers was prompted by a "personal grievance," and the letter's substance, "in large part, seems to be limited to this grievance," the letter raised questions of budget mismanagement, and hence was arguably on a subject of public concern); Zamboni v. Stamler, 847 F.2d 73, 77-78 (3d Cir. Philip O'Donnell (25 March 1972 29 December 2007) was a Scottish professional footballer who played as a midfielder for Motherwell, Celtic and Sheffield Wednesday. Id. "The first two factors under the Pickering test are questions of law for the court to resolve, while the latter are questions of fact ordinarily for the jury." Summary judgment as to this claim was therefore appropriate. But if the letter is read as a commentary on the believability of recent statements by Hennessy and Soulsby, it might have more significance. As to this claim, we remand to permit the district court to determine, on the basis of a more complete record, what the significance of O'Donnell's references to the "credibility" of Hennessy and Soulsby would have been to an informed member of the public at the time O'Donnell wrote his letter, and in turn to decide to what degree the letter touched on a topic of public concern and hence weighed against the government's interest in O'Donnell's silence. We address these two issues in that order. First, O'Donnell's transfer to the Property Division did not involve any loss of rank. 3. Forest manager Colin Calderwood, himself a Scottish former international with 36 caps, explained: "The fact that it was a boy in Scotland, does that make it any different to a boy in Colombia?" A communication that provides information that might help the public to "make informed decisions about the operation of their government merits the highest degree of first amendment protection," Hall, 856 F.2d at 259; there are few more fundamental decisions that the public can make about its government than assessing the probity of a public official. O'Donnell began his career with the Police Department almost three decades ago, in 1969. Finally, we find that Soulsby is entitled to qualified immunity in the proceedings on remand. One of our family's fondest memories of Katy's wedding, years later, was having Phil's company in a room otherwise full of womenPhil was declared an honorary bridesmaid that night just so we could all laugh and philosophize together into the wee hours. Although Phil knew not much more of me than "the tall girl" who hung out with Mike - I still feel an absence with his loss. The joy and love for his friends is what I will remember most about him.He made all of us individually feel special.This is no small feat, considering who we all are! The article had caused considerable public controversy, and Soulsby was "incensed" because he believed that the story had been leaked by sources within the Police Department--specifically, by Captain William J. Hennessy, the head of the Homicide Branch, who was O'Donnell's immediate subordinate. We conclude, however, that the evidence in this case falls short of that required to make out a claim under Roth and Kartseva. Capt. In 1992, the firm name was changed to Kingery Durree Wakeman & O'Donnell, Assoc. Id. These submissions are made on behalf of Phil O'Donnell, Graeme Sleeman and BVC ("collectively known as the LH Witnesses") and are made in reply to the Submissions lodged by Counsel Assisting the Commission dated 10 June 2016 ("CA submissions"). Among his many production credits is the six-week No. [citation needed], On 29 December 2007, O'Donnell collapsed during a game against Dundee United just as he was about to be substituted. [12] He was then buried in the town's Bent Cemetery. Sign up for our free summaries and get the latest delivered directly to you. O'Donnell played for Motherwell, Celtic and Sheffield Wednesday over the course of his career. When he returned, in September 1995, he learned that he was to be transferred to a less responsible position, that of Commander of the Property Division. If the speech is not of public concern, it is unnecessary to scrutinize the basis for the adverse action absent the most unusual circumstances." 1 single, Back When I Knew It All recorded by Montgomery Gentry, Love Remembers, I Got You, and More Trucks Than Cars(Craig Morgan), Tougher Than Nails (Joe Diffie), Fore She Was Mama, She Wont Be Lonely Long (Clay Walker), Darryl Worley, Sounds Like Life to Me. He has also had songs cut by Blake Shelton, Rodney Atkins, Darius Rucker, Josh Thompson, Justin Moore, Tate Stevens, Scotty McCreery, Brad Paisley, Parmalee, Jawga Boyz, Trace Atkins, Matt Stillwell, Matt Mason, Mark Chestnut, Gord Bamford, Tracy Byrd, Billy Ray Cyrus, Travis Tritt, Jason Blain, Gretchin Wilson, Randy Travis, James Wesley, Ash Bow- ers, Joey & Rory, High Valley, Marty Raybon, Gabe Garcia, Guy Pinrod, Lila McCan, Kevin Denny, Trent Willman, Andy Griggs, Neal MCoy, Tracy Lawerence, Sammy Kershaw, Cole Degges And The Lonesome, Chalee Tennison, John Conley, Ed Bruce, and Jill King. Mr. Phil will be missed and I know he is carving that big bowl in heaven! He asked what color the cat was and when I said black he told me to call it Sambuca. Apparently, this was planned by a group of people across the room that got a huge kick out of it. Information and advice to help you cope with the death of someone important to you. You can explore additional available newsletters here. Connick emphasized, however, that " [w]hether an employee's speech addresses a matter of public concern must be determined by the content, form, and context of a given statement, as revealed by the whole record." There is no indication on the present record that either the "senior detectives" or Hennessy were ever punished for these statements, which were presumably also quite injurious to Department discipline and morale; this weakens the District's claim that O'Donnell's letter could not safely be left unpunished. 2d 471 (1977). Second, the court must consider whether the governmental interest in "promoting the efficiency of the public services it performs through its employees" without disruption, Pickering, 391 U.S. at 568, 88 S. Ct. 1731, outweighs the employee's interest, "as a citizen, in commenting upon matters of public concern," id., and the interest of potential audiences in hearing what the employee has to say, United States v. National Treasury Employees Union, 513 U.S. 454, 468, 115 S. Ct. 1003, 130 L. Ed. "The contours of the right must be sufficiently clear that a reasonable officer would understand that what he is doing violates that right. In his new position, O'Donnell reported to the then Assistant Chief of Police for the Patrol Services Bureau, Larry Soulsby; Soulsby, in turn, reported directly to the Chief of Police. Moreover, O'Donnell's letter followed a 60 Minutes broadcast which, according to O'Donnell, "documented that senior detectives in the Homicide Branch were firmly convinced that defendant Soulsby's reassignment of Capt. Sevilla director of football Monchi said, "This is terrible news. 1995) (concluding that a firing without any associated public statements is not actionable). As to those on the government's side, the Court explained in Rankin v. McPherson, 483 U.S. 378, 388, 107 S. Ct. 2891, 97 L. Ed. At first glance, O'Donnell's account of his conversation with Soulsby seems troubling. The District argues that, under Hall, Soulsby was entitled to transfer O'Donnell on the basis of the policy differences this (asserted) conversation revealed. Phillip "Phil" O'Donnell (25 March 1972 - 29 December 2007) was a Scottish football player. The deal covers current and future copyrights. The district court should permit the parties to develop these issues further on remand. [29], Since O'Donnell's death in 2007, his nephew David Clarkson is the only player to have worn the number 10 shirt, which he had up until his departure in 2009. Phil ODonnell joined the firm in 1994, becoming a partner in 2008. Phil O'Donnell Architects is a broadly-based Architectural practice with over 45 years of experience in the Australian building industry. Join Facebook to connect with Phil ODonnell and others you may know. At this stage we do not have all the facts surrounding the tragic death of Phil O'Donnell. Thus, this conversation, too, was on a topic of public concern. Hennessy's transfer from the homicide branch not only was a tragic loss to the Metropolitan Police Department but a disservice to the citizens of the District. Indeed, it may be that those employees who are dissatisfied with their workplaces are precisely those who are likeliest to notice malfeasance, and be willing to speak up about it. As a leading manufacturer of hubs and spindles, we supply our Hub Systems range to all major manufacturers and OEM's across North America. To plant trees in memory, please visit the. And, although (as we have found) O'Donnell was not in Soulsby's inner circle when he wrote the letter, he was a fairly senior police official, so that it was of some importance that he appear loyal to his superiors. An employee may be dismissed who "expresses views on matters within the core of his responsibilities that reflect [ ] a policy disagreement with his superiors such that they could not expect him to carry out their policy choices vigorously." Published by The Washington Post from Oct. 21 to Oct. 22, 2005. And finally, the employer should have an opportunity to show "by a preponderance of the evidence that it would have reached the same decision even in the absence of the protected conduct." Sign Up. Original reporting and incisive analysis, direct from the Guardian every morning, 2023 Guardian News & Media Limited or its affiliated companies. The Roth Court did cite two circumstances in which a governmental employment decision might be actionable. The District asserts that the first two elements of this test are not satisfied here: it claims that O'Donnell's speech was not on an issue of public concern, and asserts that, even if it was, the city's interest in the efficient operation of the Police Department far outweighed O'Donnell's interest in speaking out. (We emphasize that we use these rules only as a framework for our analysis; by no means do we purport to import the rules of evidence wholesale into the First Amendment.) We will never forget what a wonderful man he grew up to be. Expand the Memories and Condolences form. Motherwell have dealt with tragedy before. We distinguished two ways in which this denial could effect a "stigma or other disability" within the meaning of Roth. The District notes that O'Donnell remained very senior in rank even after his transfer to the Property Division, and that he was a long-serving and experienced officer whose words would be taken seriously within the Department. O'Donnell also cites Soulsby's criticism of him in the Ballou High School speech; but O'Donnell's demotion was clearly triggered by his letter to the editor, and had no obvious link, temporal or logical, to the speech. The district court granted the motion to dismiss as to the first two counts, and the motion for summary judgment as to the third. 1981) (observing that an employee's interest in speaking out is "entitled to more weight when the employee is acting as a whistleblower exposing corruption among public officials"); cf. There were many demands for Hennessy and Soulsby to release the tape. O'Donnell retired two weeks later, on July 31, 1996. at 263, we consider whether the employee's job relates to policy matters, and whether the employee has "broad responsibilities with respect to policy formulation, implementation, or enunciation." Shortly thereafter, the news media learned about the Soulsby-Hennessy agreement, and Hennessy's tape of his conversation with Soulsby; subsequent news reports were highly critical of the alleged agreement, and of Soulsby's performance as Chief of Police. "Give It All We Got Tonight" - George Strait, "Back When I Knew It All" - Montgomery Gentry, "He's Mine" - Rodney Atkins and Billy Ray Cyrus, "'Til A Woman Comes Along" - Chris Janson. We are "brothers from different mothers".. Passoin for skating, AND life was always welcome to the forum I visted.. Calderwood later apologised for any offence caused by the comments, after he had been appointed manager of Hibernian in the SPL in November 2010. O'Donnell brings extensive experience from the LED lighting market. Roth, 408 U.S. at 573, 92 S. Ct. 2701. You will be in my thoughts and prayers. See, e.g., Tyler v. City of Mountain Home, 72 F.3d 568, 570 (8th Cir. Certainly, we cannot be sure that he could have obtained, as was his stated wish, a job as chief of police in a "major city or municipality." Log in or sign up for Facebook to connect with friends, family and people you know. 1988). Find your friends on Facebook. According to O'Donnell, Soulsby then told the media in an off-the-record statement that Hennessy had been transferred because he was under investigation and likely to be indicted for violating the civil rights of a black suspect. O'Donnell ended up with a job as Chief of Police of Brunswick, Maryland. It claims that this renders him a "key deputy" under Hall. [10] He was 35 years of age. 424 U.S. at 710, 96 S. Ct. 1155. You have funeral questions, we have answers. The money raised from the walk goes directly to charities such as the British Heart Foundation and Mary's Meals. His second is based upon the harm to O'Donnell's employment opportunities associated with these acts. Shortly after complaining of tiredness, 35-year-old Phil O'Donnell collapsed on the pitch moments before he was due to be substituted. ', Motherwell chairman Bill Dickie confirmed O'Donnell's death to the press shortly after their home match, a 5-3 victory, had finished. Capt. The defendants moved to dismiss or in the alternative for summary judgment. O'Donnell's complaint attempts to plead two distinct due process claims. After his complaint was filed, he became police chief in Brunswick, Maryland, whose population is 6,000. My sincerest condolences to Phils family, fianc, and friends and please know his absence is felt a far. First, by saying that Hennessy's "transfer from the homicide branch not only was a tragic loss to the Metropolitan Police Department but a disservice to the citizens of the District," it indicated that the Homicide Branch's work had been impaired by Hennessy's loss. O'Donnell argues that his claim fits within each of these two exceptions.4. b. Politicians, team-mates and senior figures in Scottish football paid tribute to the Motherwell captain Phil O'Donnell, who died yesterday after collapsing during his team's Scottish Premier League match against Dundee United. His first is based upon the stigma and loss of "rank, status and pay" associated with the District's reassigning him to the Property Division, blaming him for the failings of the Department, and then demoting him. It is a very rare person that can bring out the best of those around them in such a fashion. He went on to play just 20 times in four years for Sheffield Wednesday (scoring once in a League Cup quarter final tie against Watford)[9] and was given a free transfer at the time of their relegation to Division Two in 2003. Mr. Phil. Artist. Turning to O'Donnell's exchange with Soulsby after the Ballou High School speech, O'Donnell says that he told Soulsby that it was not true that the 123 unsolved murders only came to light after O'Donnell and Hennessy were transferred, and reminded him that Soulsby himself had opposed an investigation. 1. Sheffield Wednesday's matches at Hull City and at home to Preston North End were preceded by a minute's applause as a mark of respect to their former player, with the Hillsborough flags flying at half mast. The second comment overshadows the first both in its potential value to the public and in its potential disruptiveness; we will therefore focus our analysis of that aspect of the letter. All rights reserved. Experienced economist with substantial public sector background (energy, competition, consumer credit & debt, small business, regional policy); excellent analytical and communication skills, strong leadership and management, with a proven track record in delivering high-quality results. Soulsby could safely dispense with answering his memos, and O'Donnell was relegated to the audience at meetings of high-level Police Department officials. O'Donnell penned the No. To this day, we talk about the Thanksgiving when Phil & the QHS Boys were on the roof of my house (supposedly shoveling snow off the skylights). When I spent time with Mr. Phil, I felt in equal parts happy, safe, beautiful and strong. In the absence of any such allegation, we must assume that any adverse action taken against him as a result of his conversation with Soulsby occurred because of a legitimate disagreement about policy, and so was permitted by Hall. [25] In November 2011, a permanent memorial to O'Donnell was erected on the side of the stand bearing his name. He died from a cardiac arrest after collapsing on the pitch on 29 December 2007. In addition to having a successful career as a songwriter, ODonnell also has served as producer for artists such as Craig Morgan, Josh Thompson, Keith Anderson, Matt Mason, Justin McBride, Chris Janson, Mark Wills, Tara Oram, Jason Blaine, High Valley, Steve Richard, Davisson Bros. In lieu of flowers, contributions to a charity of your choice. V CELTIC.HAMPDEN PARK - GLASGOW .Motherwell's Chief Operating Officer Alan Burrows with Luc O'Donnell, son of Motherwell legend Phil O'Donnell . You were there as a groomsman in my wedding when I started another phase in my life. Phil O'Donnell Tribute 1972-2007I will remove disrespectful comments. [4] He was also the uncle of St Mirren midfielder Stephen O'Donnell and Brian Dempsie, who had also played for Motherwell. About. Our family and Puck's family, the Deutermann's,were very touched by the outpouring of love and kindness. Over the years, he rose through the ranks, until, in January 1995, he was appointed D.C. Deputy Chief of Police for the Investigative Services Bureau of the D.C. Police Department. See Rode v. Dellarciprete, 845 F.2d 1195, 1202 (3d Cir. He said: 'When you hear of things like this, with Marc-Vivien Foe and the Spanish lad at Seville [Antonio Puerta] recently, you regard it as a shock because footballers tend to be so fit. We note, however, that the right to regulate an officer's speech is not absolute, see Biggs v. Village of Dupo, 892 F.2d 1298, 1303 (7th Cir. I don't even know where to begin. There are 100+ professionals named "Phil O'donnell", who use LinkedIn to exchange information, ideas, and opportunities. O'Donnell claims his transfer from the position of Deputy Chief for the Investigative Services Bureau to the job at the Property Division, and subsequent demotion to the rank of captain and reassignment to a job as district patrol supervisor, both occurred in retaliation for exercises of his right to free speech. Join Facebook to connect with Phil O'Donnell and others you may know. The second Roth exception turns on the combination of an adverse employment action and "a stigma or other disability that foreclosed [the plaintiff's] freedom to take advantage of other employment opportunities," Roth, 408 U.S. at 573, 92 S. Ct. 2701; it differs from the first in that it does not depend on official speech, but on a continuing stigma or disability arising from official action. [6], He won the PFA Scotland Young Player of the Year award in 1992 and 1994 and earned one cap for the Scotland national football team, playing for 15 minutes as a substitute against Switzerland on 8 September 1993, replacing David Bowman. He taught at universities in South America, Europe, and the United States (principally the University of Notre Dame) and wrote many books on Latin American authoritarianism and . In 1999 O'Donnell was among a number of players who failed to agree terms on a new contract with Celtic chairman Fergus McCann and instead moved on. 2. Mike Cajohn and I have remained close friends and I know how close the two of them are and what a wonderful and long friendship they have shared. Pickering v. Board of Educ., 391 U.S. 563, 568, 88 S. Ct. 1731, 20 L. Ed. We do not know which reading a reasonable member of the public would have adopted, or to what extent the credibility of statements by Hennessy and Soulsby was important in the public's mind when O'Donnell wrote his letter. To begin with, the stigma associated with O'Donnell's demotion was less severe than that attached to Kartseva's disqualification. As the Advisory Committee Note to Federal Rule 404 observes, " [c]haracter evidence is of slight probative value and may be very prejudicial," as it "tends to distract the trier of fact from the main question of what actually happened on the particular occasion." By contrast, the reason for O'Donnell's demotion was fairly clear, and the stigma itself less severe. He also earned his sole league winner's medal with the club in 1998, but injuries proved to be a major concern and his appearances for the club were limited. Interment private. The world has lost a great one. Everyone thought he would be OK and he had just fainted, so it was a real shock to find out he had passed away. Phil O'Donnell's children Megan , Olivia , Christopher and Luc line up as mascots with family friends. O'Donnell, who was 35, was set to be replaced in the closing stages of the game by substitute Marc Fitzpatrick, but fell to the ground before the substitution could take place. [18] All Premier League matches in the New Year programme were preceded with either a minute of applause or silence in O'Donnell's memory. People named Philip ODonnell. He was treated on the pitch for about five minutes by the Motherwell and Dundee United club doctors before being taken by ambulance to Wishaw General Hospital. "[15] On 31 December the SPL postponed the Celtic v Rangers fixture scheduled for 2 January 2008, following a request by O'Donnell's former club Celtic, which was agreed by Rangers. The one thing I can say about Phil is that from the first time you meet him you know you have a friend. Scottish Premier League chairman Lex Gold said: "We understand from Phil's family that they would appreciate it if the Motherwell v Celtic game scheduled for 6 January 2008 could be postponed. Unfortunately, with the death of Phil O'Donnell, Motherwell have suffered a similar tragedy to ours. Select this result to view Philip O Donnell's phone number, address, and more. On September 23, 1996, O'Donnell brought suit against the District of Columbia, against Police Chief Soulsby and Mayor Barry in their official capacities, and against Soulsby in his individual capacity. O'Donnell's letter is cast in terms of "credibility," but it is unclear how the public would have interpreted this term (or indeed what he meant by it). [19], Nottingham Forest opted not to show their respects before their Football League One match with Huddersfield Town on New Year's Day. See Hall v. Ford, 856 F.2d 255, 258 (D.C. Cir. Within eBay's Global Marketing organization. I had never met Phil in person, but was introduced to him via a skateboard message board shared by many who enjoy that lifestyle. I had the pleasure of working with Phil at the Chevy Chase Club from 1994-1997. But the circumstances of this case also weaken the governmental interests to some extent. Mosrie v. Barry, 718 F.2d 1151, 1161 (D.C. Cir. As the District points out, O'Donnell's letter presented a substantial risk of harming his relationship with Soulsby and injuring Police Department morale and discipline. First, it observed that, although the plaintiff could not sue for the nonrenewal of his contract alone, " [t]he State . 2d 708 (1976), and a number of courts of appeals have extended this principle to regulation of speech. This circuit has since said that a demotion may also suffice to trigger a due process claim. The district court dismissed all of O'Donnell's claims, except for one of the due process claims, as to which it granted summary judgment; O'Donnell has appealed. I wanted it to be an alcohol-related name. As captain he helped transform Motherwell this season.'. See Photos. All Credits Audio Production Banjo Bouzouki Composer Composer/Lyricist Digital Editing Dobro Guitar Guitar (Acoustic) Guitar (Electric) Harmonica Jew's-Harp Lyricist Main Personnel Percussion Primary Artist Producer Programmer Vocals (Background) 2022. The following day, Soulsby and Barry demoted O'Donnell to the rank of captain, and ordered him to a comparatively low position as district patrol supervisor. The Scotland cap passed away on December 29, 2007, after collapsing on the Fir Park pitch due to heart failure during a match against Dundee United.