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Banned
How San Jose cop fired for combative Black Lives Matter tweets got his job back
SAN JOSE -- The firing of Officer Phillip White over tweets criticizing the Black Lives Matter movement that devolved into tacit threats of gun violence -- and drew national scorn to the San Jose Police Department -- was hailed by civic leaders as necessary to reassure minority communities they could trust police.
But news this week that White has returned to the force, after an arbitrator ordered his reinstatement, has left many wondering: How did he get his job back?
The short answer is White convinced an independent arbitrator that while his actions constituted misconduct worthy of punishment, termination was too harsh in light of his length of service, lack of any prior discipline and the tweets being in response to a perceived threat to his family.
Officer Phil White of the San Jose Police Department teaches a gang prevention/ choices and consequences class for 5th grade students at Christopher Elementary School in San Jose, Calif., on Tuesday, Oct. 28, 2014. (Gary Reyes/Bay Area News Group) (Gary Reyes)
"That's where the department missed the boat. They did not give enough thought to the context of the messaging and his unblemished record," said Michael Rains, White's attorney.
Rains, a former police officer who is well known in the Bay Area for representing other officers, added that White already "paid a substantial price" in the form of being off the job since the Twitter postings surfaced in December 2014.
SJPD Acting Chief Eddie Garcia said White will not get back pay for the four months between his firing in October and his official return to work Feb. 10. Prior to that, he had been on paid leave while his actions were investigated.
SAN JOSE -- The firing of Officer Phillip White over tweets criticizing the Black Lives Matter movement that devolved into tacit threats of gun violence -- and drew national scorn to the San Jose Police Department -- was hailed by civic leaders as necessary to reassure minority communities they could trust police.
But news this week that White has returned to the force, after an arbitrator ordered his reinstatement, has left many wondering: How did he get his job back?
The short answer is White convinced an independent arbitrator that while his actions constituted misconduct worthy of punishment, termination was too harsh in light of his length of service, lack of any prior discipline and the tweets being in response to a perceived threat to his family.
Officer Phil White of the San Jose Police Department teaches a gang prevention/ choices and consequences class for 5th grade students at Christopher Elementary School in San Jose, Calif., on Tuesday, Oct. 28, 2014. (Gary Reyes/Bay Area News Group) (Gary Reyes)
"That's where the department missed the boat. They did not give enough thought to the context of the messaging and his unblemished record," said Michael Rains, White's attorney.
Rains, a former police officer who is well known in the Bay Area for representing other officers, added that White already "paid a substantial price" in the form of being off the job since the Twitter postings surfaced in December 2014.
SJPD Acting Chief Eddie Garcia said White will not get back pay for the four months between his firing in October and his official return to work Feb. 10. Prior to that, he had been on paid leave while his actions were investigated.