However, the reach of this protection is not unlimited. 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). 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. As the Court made clear in Siegert v. Gilley, 500 U.S. 226, 111 S. Ct. 1789, 114 L. Ed. O'Donnell also says that he had intended to seek out a job as chief of police of a large city, but that his demotion "irreparably stigmatized" him in "the close-knit world of chiefs of police of large cities and municipalities and eliminated him from any real consideration for positions such as these." He will not be forgotten. (Because this fact did not appear in O'Donnell's complaint, the district court could not consider it in ruling on the District's motion to dismiss; it therefore granted summary judgment as to Count III of O'Donnell's complaint.). Senior D.C. officials (including a D.C. Council member and the Corporation Counsel) eventually criticized Soulsby for entering into the claimed agreement with Hennessy, and Soulsby publicly apologized. The letter appears to be in that small category of speech by public employees that has a high potential both to cause disruption and to inform the public. Phil O'Donnell is known for 1998-99 Uefa Cup (1998). Circuit U.S. Court of Appeals opinions delivered to your inbox! All of the speech at issue here falls into this category. O'Donnell brings more than 35 years of senior-level management and sales experience to the position. Hall gives employers considerable leeway to ensure that high-level officials toe the party line, but it does not give them unchecked power to silence them. You had friends from all walks of life and I know they all miss you terribly. Tao v. Freeh, 27 F.3d 635, 638-39 (D.C. Cir. ', Motherwell chairman Bill Dickie confirmed O'Donnell's death to the press shortly after their home match, a 5-3 victory, had finished. Currently, Philip O'Donnell works as a Deputy Chief Financial Officer at Keolis Commuter Services. 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. As a result, the two allegedly entered into a pact (which O'Donnell refers to as the "Soulsby-Hennessy agreement") under which Hennessy got a better job (but not in the Homicide Branch), in exchange for silence, especially at Soulsby's pending confirmation hearing. Original reporting and incisive analysis, direct from the Guardian every morning, 2023 Guardian News & Media Limited or its affiliated companies. 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. Jo Anne Robinson, Principal Deputy, entered an appearance. We begin with the governmental interests. This conversation implicated a number of broader policy issues, including questions about whether Soulsby had been right to transfer Hennessy and O'Donnell to less responsible positions and about what caused the backlog and how it was detected. O'Donnell's account of the events surrounding his transfer and demotion is set out below. Roth, 408 U.S. at 573, 92 S. Ct. 2701. Giving to charity is a meaningful way to honor someone who has died. [12] He was then buried in the town's Bent Cemetery. See Photos. The match finished 51, in front of 60,000. The district court did not reach this issue; the District presses it again on this appeal. Log In. There are also some uncertainties in our analysis of the nature of the governmental interest; it is unclear, for instance, whether we are correct to assume that a number of other Police Department officials had criticized Soulsby in public with impunity. O'Donnell now appeals this order. Second, the Court noted that "there is no suggestion that the State, in declining to reemploy the respondent, imposed on him a stigma or other disability that foreclosed his freedom to take advantage of other employment opportunities," and that it did not, for instance, "invoke any regulations to bar the respondent from all other public employment in state universities." [4] He was also the uncle of St Mirren midfielder Stephen O'Donnell and Brian Dempsie, who had also played for Motherwell. You were there as a groomsman in my wedding when I started another phase in my life. Winger Davie Cooper (a team-mate of O'Donnell's for several years) died at 39 in 1995 after suffering a brain haemorrhage when filming a training video. Motherwell have dealt with tragedy before. 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. Soulsby is thus entitled to qualified immunity. [26], On 25 May 2008, a benefit match was held at Celtic Park in memory of O'Donnell with the proceeds going to various charities. Grief researchers say holding that missing funeral service, even a year or more later, can still help us heal. And, as he describes his status within the Department, his policymaking role was decidedly marginal. 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. An authentic gentleman, and truly kind, I will miss him greatly. 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." You can explore additional available newsletters here. 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. We applied this exception in Kartseva v. Department of State, 37 F.3d 1524 (D.C. Cir. We address these two issues in that order. But O'Donnell has presented no concrete evidence (and the circumstances do not demonstrate) that he would have done dramatically better on the job market in the absence of his demotion. Our family and Puck's family, the Deutermann's,were very touched by the outpouring of love and kindness. Credits. A hub designed specifically for dual wheel assembly. Phil ODonnell Profiles | Facebook "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." My thoughts and prayers go out to the O'Donnells. [7] This form made him a target for bigger clubs and he moved to Celtic in September 1994; the fee of 1.75m was the highest Motherwell had received for a player, a record that lasted until the same club signed David Turnbull in 2020. Furthermore, O'Donnell's new job demonstrates that the stigma he suffered cannot have been too disabling. O'Donnell says that when Hennessy learned of this claim he confronted Soulsby, who admitted he had lied. Sign Up. 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. "[22][23], Motherwell announced the Main Stand at Fir Park would be renamed the "Phil O'Donnell Stand" as a permanent tribute[24] and his team-mates paid their own personal tribute by having his signature embroidered on their strips for the remainder of the 200708 season. 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. Summary judgment as to this claim was therefore appropriate. 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. Philip O'Donnell, CPA, CGMA - Deputy Chief Financial Officer - LinkedIn It claims that this renders him a "key deputy" under Hall. | Learn more about Philip O'Donnell's work experience, education, connections & more by visiting their . The many tributes that have been paid to Phil O'Donnell from across the often fractious world of Scottish football since his death last Saturday reflect the high regard . O'Donnell may well have suffered some stigma in the job market as a result of his demotion. Phil "Philbilly" O'Donnell - Bio - Sandy Lee Songfest 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. 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. The Court concluded that (with one exception not relevant here) the "questions reflect [ed] one employee's dissatisfaction with a transfer and an attempt to turn that displeasure into a cause celebre" and hence did not raise issues of public concern. His conversation with Soulsby about what priority to give an investigation of over a hundred unsolved murders was also obviously of great public concern; indeed, the conversation was itself prompted by a newspaper article critical of Police Department ineptitude. 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. There were many demands for Hennessy and Soulsby to release the tape. May God be with you and Anne Maries family at the timelove you all Phil has been a fixture in our family's life for over ten years. We now turn to O'Donnell's letter to the editor. [4] O'Donnell began his career with his local team, making his first team debut in the 199091 season against St Mirren and soon became a regular first team player. See Orange v. District of Columbia, 59 F.3d 1267, 1274 (D.C. Cir. And, although the conversation raised some issues about Soulsby's veracity, it did not touch on the more serious issues surrounding the Soulsby-Hennessy pact. 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. Join Facebook to connect with Phil O'Donnell and others you may know. We thus affirm the district court's dismissal of this element of O'Donnell's claim.3. The third result is Philip O Donnell age 70s in Winchester, VA. Football: O'Donnell dies after collapsing on pitch - The Guardian A public official seeking to make out a claim of retaliation in violation of her First Amendment rights must meet a four-factor test. at 711, 96 S. Ct. 1155. The vagueness of O'Donnell's complaint, however, renders this reading, and any other, speculative. [27], There is am annual sponsored walk, started on 29 December 2008, to honour O'Donnell's memory. The Fir Park outfit re-signed him in January 2004, allowing him the chance to appear alongside his nephew, David Clarkson and earning him the club nickname, "Uncle Phil". The one thing I can say about Phil is that from the first time you meet him you know you have a friend. (0) * Senior club appearances and goals counted for the domestic league only. I can't imagine a family birthday party, Thanksgiving, Christmas or other event that does not feature Phil coming up the front walk with his "pull toy" - a cooler of beer on wheels - grinding along behind him. I feel bad now for not being able to meet such a kind person face to face as it's those kinds of people who enlighten everyone they meet. He was a pure energy in him comments and I could tell his personality, sense of humor and overall goodwill towards everyone was real and genuine. For instance, had the athletic director in Hall been punished merely for suggesting to the university's board of directors that one of his subordinates had committed a grave act of embezzlement, the result in that case might have been different. O'Donnell avers in his complaint that he did an excellent job during his tenure, making a number of important reforms in the work of the offices under his command. ole Enters Co-Publishing Deal with Songwriter, Producer Phil O'Donnell "The contours of the right must be sufficiently clear that a reasonable officer would understand that what he is doing violates that right. [5] That result earned Motherwell entry to European competition for the first time and O'Donnell became the club's youngest player in Europe, playing a tie against Polish side GKS Katowice. Published by The Washington Post from Oct. 21 to Oct. 22, 2005. In 1992, the firm name was changed to Kingery Durree Wakeman & O'Donnell, Assoc. 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. 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. 2d 315 (1987), that we must consider "whether the statement impairs discipline by superiors or harmony among co-workers, has a detrimental impact on close working relationships for which personal loyalty and confidence are necessary, or impedes the performance of the speaker's duties or interferes with the regular operation of the enterprise." [13], He was survived by his wife Eileen, their daughters Megan and Olivia and sons Christopher and Luc, aged twelve, six, ten and four years respectively. The walk starts from Fir Park and ends at Celtic Park, the homes of two of O'Donnell's former clubs. 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. 1990) (" [F]reedom of speech is not traded for an officer's badge"); in particular, when a police officer speaks out on an issue that he is uniquely qualified to address, we must be cautious in accepting the claim that the public interest demands that he be silent. 1994). As to O'Donnell's later conversation with Soulsby about the Ballou High School press conference, this incident merits little discussion. N.W., on Saturday, October 22 at noon. These submissions support the CA submissions and take the form of relying In the 21st century, it's not just urns and gravestones anymore. The Federal Rules of Evidence provide a useful guidepost for assessing the probative value of O'Donnell's comments. 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. Phil was a kind soul who kept life in my house interesting to say the least. In that case, the plaintiff was a Russian translator who had been denied a security clearance by the State Department, and therefore fired by the consulting company that employed her. 1 Give It All We Got Tonight, No. 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. 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. Doctors and physios ran on, he was unconscious on the floor and it was clear he was in a bad way, but personally I never thought anything would happen. Phil O'Donnell's wife Eileen with daughters Megan and Olivia. When I spent time with Mr. Phil, I felt in equal parts happy, safe, beautiful and strong. His job seems to have had some policy responsibilities; he was in charge of a number of Police Department facilities, and his complaint describes several reforms he instituted in their operations, seemingly on his own initiative. The whole of Barna is remembering Paddy Gill this week who died on Wednesday after battling a tough illness while being constantly supported by his family. Soulsby called on Hennessy to release the tape, and Hennessy, somewhat inexplicably, declined to do so until Soulsby released him from their agreement. I don't even know where to begin. O'Donnell claims that after he wrote Soulsby a memo about crime-fighting policy in the District, Soulsby transferred him to the Property Division to block discussion of crime in the District until after Soulsby was confirmed. Phil O'Donnell, a Canada native, made his first trip to Nashville in 1983 and began developing his skills as a songwriter. He joined Color Kinetics in 2005, where he served as Vice President of Sales until the company was sold to Philips Lighting for . Scottish football player Phil O'Donnell has died today after collapsing during a game in which his team Motherwell F.C., of which he was captain, were playing Dundee . Two months later, Thomas retired and Soulsby was appointed interim chief of police. At this stage we do not have all the facts surrounding the tragic death of Phil O'Donnell. The district court did not reach this question; we do, and we agree with the District. Nor may O'Donnell sue purely on the basis of the stigma associated with being fired; the Court found in Paul v. Davis, 424 U.S. 693, 96 S. Ct. 1155, 47 L. Ed. 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. 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. The speech of public employees like O'Donnell enjoys considerable First Amendment protection; the Supreme Court has "unequivocally rejected" the proposition that public employees "may constitutionally be compelled to relinquish the First Amendment rights they would otherwise enjoy as citizens to comment on matters of public interest." 1994) (citations omitted). O'Donnell was married to Eileen and they had four children. 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"). Since then this number, although not retired, has not been issued to any subsequent player. Scottish footballer Phil O'Donnell collapses during game and dies We find that there was a substantial public concern with the subject matter of both the letter to the editor and the conversation about the Ballou High School speech, and that the fact that O'Donnell may have acted partly on the basis of personal motivations makes no difference. 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." Everyone thought he would be OK and he had just fainted, so it was a real shock to find out he had passed away. William L. Hennessy of the Metropolitan Police Department. Although O'Donnell can point to isolated defamatory statements and to a demotion, he cannot demonstrate that the two occurred together; only defamation that is "accompanied by a discharge from government employment or at least a demotion in rank and pay" is actionable. The following season, he replaced Scott Leitch as club captain. O'Donnell played for Motherwell, Celtic and Sheffield Wednesday over the course of his career. 1 hits "Doin' What She Likes" (Blake Shelton), "Give It All We Got Tonight" (George Strait), and "Back When I Knew It All" (Montgomery Gentry), and also produced Craig Morgan's six-week No. PHILIP O'DONNELL Obituary (1936 - 2020) - Mashpee, MA - Boston Globe O'DONNELL, PHILIP F., II "Mr. Phil" On Tuesday, October 18, 2005. We have already outlined the nature of the interests on the employee's side of the equation. To begin with, the stigma associated with O'Donnell's demotion was less severe than that attached to Kartseva's disqualification. My heart goes out to Puck, his family and all of our friends. Motherwell have dealt with. Club chief executive Ian Stillie said from Wishaw General: 'The management, directors, players and fans are all stunned and having great difficulty in comprehending what has happened over the last few hours. Select this result to view Philip O Donnell's phone number, address, and more. See Foster v. Ripley, 645 F.2d 1142, 1148 (D.C. Cir. See Mt. We got there early, I was sitting at the bar and Phil came up behind me and scared the heck out of me. View the profiles of people named Phil ODonnell. Although he has moved from a large city to a town (Washington's population is over 500,000, as against Brunswick's population of 6,000), he has moved up in the ranks; he is now chief of police. Information and advice to help you cope with the death of someone important to you. 1995) (finding that a police department permissibly demoted a sergeant for sending a confrontational letter to another police department on official letterhead without first clearing the letter with the chief of police, as required by police department policy). Ed Durree joined the firm in 1975, and the firm name was changed to Strodel Kingery & Durree, Assoc. Results-oriented Senior Level Finance Executive with a proven track record and hands-on experience in management, business leadership, working with Board of Directors, Banks, Attorneys and . In summary, we affirm the district court's dismissal of O'Donnell's First Amendment claims, except for its dismissal of his claim based on the letter to the editor. [19], Nottingham Forest opted not to show their respects before their Football League One match with Huddersfield Town on New Year's Day. Robert C. Seldon, Washington, DC, argued the cause for appellant, with whom Joanne Royce was on the briefs.
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