Boyd v. Civil Service Commission of St. Louis

657 S.W.2d 83, 1983 Mo. App. LEXIS 3464
CourtMissouri Court of Appeals
DecidedAugust 23, 1983
DocketNo. 45818
StatusPublished
Cited by2 cases

This text of 657 S.W.2d 83 (Boyd v. Civil Service Commission of St. Louis) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boyd v. Civil Service Commission of St. Louis, 657 S.W.2d 83, 1983 Mo. App. LEXIS 3464 (Mo. Ct. App. 1983).

Opinion

PUDLOWSKI, Presiding Judge.

This is an appeal from an order of the Circuit Court of the City of St. Louis, affirming a decision of the Civil Service Commission of the City of St. Louis, which in turn affirmed a decision to terminate appellant from her position as a Hospital Attendant I at City Hospital. The testimony at the evidentiary hearing before the Commission was as follows:

Appellant Lenora Boyd was terminated because of her participation “in a scheme of forgery, deception & misrepresentation to obtain unauthorized drugs.” A co-worker, Pamela Navy, had filed an “incident report” with hospital personnel stating that appellant came to her on October 8, 1978 [85]*85asking for a prescription blank and a doctor’s name. Navy stated that she refused to help appellant. Later Navy found that an incorrect prescription had been given to one of her patients, Johnnie Knowles. Navy told appellant to call the patient and tell him not to take the medication. Navy and appellant together went with some friends of appellant’s to the patient’s home. Navy talked to the patient and family and retrieved the pills, which she gave back to appellant. Appellant later explained to Navy that she had told the pharmacist over the phone that she was Ms. St. Clair.

Cornelia Knowles testified that her husband, Johnnie Knowles, had been released from City Hospital on October 8,1978. Before leaving, he was given some medicine from the hospital pharmacy. Later that day, she received a call from the hospital. Someone came from the hospital and exchanged the medicine for another bottle. Ms. Knowles did not remember what the person from the hospital looked like but stated that it was not either Navy or the appellant.

Karen Falwarski, a pharmacist at the hospital, testified that on October 8, 1978, she filled a prescription for pyribenzamine signed by Don Taylor, M.D. She testified that she was concerned first, because pyri-benzamine was a highly abused drug (combined with another drug, it produced a heroin-like high) which was not usually prescribed and second, because she knew that Dr. Taylor, a medical student, was no longer working at the hospital. She calléd the ward where the prescription had originated in order to check its accuracy. The person who answered the phone identified herself as “Miss Sinclair,” and stated that the doctor was not available, but that the prescription was ok. The pharmacist wrote “ok by Miss Sinclair” on the bottom of the prescription.

Marjorie St. Clair testified that she was the nurse in charge of the division where the prescription had originated. She testified that Johnnie Knowles was a patient in her ward and that he was not taking pyri-benzamine. She was on duty on October 8, 1978, and did not receive any phone calls that day concerning a prescription for Johnnie Knowles.

Mary Jones, a Medical Records Technician from City Hospital, testified that Johnnie Knowles’ medical records did not show any prescription for pyribenzamine.

William Storer, a qualified document examiner, testified that he had examined the handwriting on the questioned prescription in comparison with several handwriting samples. The samples were offered into evidence as the City’s “Exhibit B.” All of the samples were photocopies rather than originals. One sample page was a personnel questionnaire bearing the signature “Donald A. Taylor, M.D.” Another sample page was a letter requesting a change of work schedule, signed “Pamela Navy” at the bottom. Nine pages of samples were attributed to Lenora Boyd. Seven of these appeared to be copies of a test or examination on hospital procedures; one was a hospital “incident report;” another was a letter addressed “to whom it may concern” discussing an incident which occurred at the hospital. All but one of these pages bore the signature “Leonora Boyd.” No attempt was made to authenticate the signatures on these documents by either direct or circumstantial evidence, or to qualify the documents as business records pursuant to § 536.070(9) and (10), RSMol978.

Storer testified that the handwriting on the questioned prescription was definitely not the same as the handwriting on the Taylor or Navy exemplars, but did bear strong similarities to the handwriting on the Boyd exemplars. However, because there was so little writing on the prescription, Storer was unable to definitely conclude that the writer of the Boyd exemplars was the same as the writer of the prescription.

The Commission upheld appellant’s dismissal, and its decision was affirmed by the circuit court. Appellant here contends that the Commission’s decision was not supported by competent and substantial evidence, because the Commission never formally admitted the handwriting samples as [86]*86evidence, and further because those samples were not authenticated as required by § 490.640 RSMo 1978. Appellant maintains that without the testimony of the handwriting examiner there was insufficient evidence to support her dismissal.

Section 490.640 provides that: “Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine shall be permitted to be made by witnesses, and such writing and the evidence of witnesses respecting the same may be submitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute.” In interpreting this standard, Missouri courts have noted that “there is no precise method by which a specimen must be proved to be genuine and the proof may be either direct or circumstantial .... The courts have not restricted the manner in which specimens may be proved genuine and each case must be viewed on its own facts .... The action of the court in admitting or rejecting a specimen as a standard, is a matter of discretion. Its action is final and conclusive unless based on an error of law, or on evidence which is, as a matter of law, insufficient to justify its finding.” (Citations omitted.) State v. Clark, 552 S.W.2d 256, 264 (Mo.App.1977) affirmed 592 S.W.2d 709 (Mo.1979), cert. den. 449 U.S. 847, 101 S.Ct. 132, 66 L.Ed.2d 57 (1980). The fact that a judge admitted a document into evidence indicates his satisfaction with proof of its genuineness. State v. Clark, 592 S.W.2d at 717. Appellant argues that the exemplars offered by the City cannot be considered as evidence because the Commission did not explicitly rule that they would be received. We disagree. Strict adherence to courtroom procedure is not required of administrative bodies, particularly those composed of laymen. Hilke v. Firemen’s Retirement System of St. Louis, 441 S.W.2d 730, 732-733 (Mo.App.1969). The transcript of the administrative hearing shows that Exhibit B was marked but never offered into evidence. The Commission did not make any explicit oral ruling accepting the exemplars into evidence. The Commission either denied or did not rule on appellant’s objections to Exhibit B and to Storer’s testimony. When the appellant’s counsel, in closing argument, asserted that Exhibit B was not in evidence, he was informed by the Commission’s Chairman: “Excuse me, counselor, may I interrupt. This document your’re talking about was introduced [sic] as City’s B.”1

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Cite This Page — Counsel Stack

Bluebook (online)
657 S.W.2d 83, 1983 Mo. App. LEXIS 3464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-v-civil-service-commission-of-st-louis-moctapp-1983.