Robert Gude
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Overweight Bellevue police officer's firing overturned
BY LEIA BAEZ
WORLD-HERALD STAFF WRITER
A former Bellevue Police officer fired for being overweight could be back patrolling the streets in a few months.
Christopher ParentThe Nebraska Court of Appeals, in an opinion released Tuesday, reversed the Bellevue Civil Service Commission’s decision upholding the termination of Christopher D. Parent.
Parent, 52, had been a member of the Police Department for more than 25 years, mostly as a detective, but had been reassigned to road patrol. His firing stemmed from his performance during an Aug. 28 combat shooting exercise, which prompted officers to report him to the command staff.
Parent was fired Nov. 28, 2007, after an internal investigation determined that he had not maintained a "high level of physical, mental and emotional conditioning."
Bellevue Police Lt. Mark Elbert has said Parent, whose 2005-issued Nebraska driver’s license lists him at 5-foot-9 and 300 pounds, was fired under a policy that requires officers to be physically fit.
The court's opinion states that under the Bellevue Police Department policy used to justify Parent’s firing, Parent satisfied the only objective standard imposed by the policy.
The court said he maintained "at least a ‘fair’ level of physical wellness pursuant to the standards contained within the . . . Department’s Wellness Program Manual."
The City of Bellevue could either let the case go -- and Parent would be reinstated in a few months -- or send the case to the Nebraska Supreme Court for further review, putting Parent’s job back on the line.
Michael Polk, an attorney representing the city, said he is unsure what avenue the city will take.
Steve Delaney, Parent’s attorney, said Parent is excited about the decision and is eager to get back to work.
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