Bradford v. Director, Employment Security Department

128 S.W.3d 20, 83 Ark. App. 332, 2003 Ark. App. LEXIS 809
CourtCourt of Appeals of Arkansas
DecidedNovember 5, 2003
DocketE 02-348
StatusPublished
Cited by20 cases

This text of 128 S.W.3d 20 (Bradford v. Director, Employment Security Department) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradford v. Director, Employment Security Department, 128 S.W.3d 20, 83 Ark. App. 332, 2003 Ark. App. LEXIS 809 (Ark. Ct. App. 2003).

Opinions

Bird, Judge.

Appellant Randall Bradford appeals the decision of the Arkansas Board of Review that affirmed the denial of his application for unemployment benefits. Bradford was hired as the Executive Chief Information Officer (ECIO)of the State of Arkansas on October 15, 2001. On the morning ofjune 13, 2002, during a meeting with the governor’s chief of staff", Brenda T urner, he submitted his letter of resignation to Governor Huckabee. The letter stated:

Unfortunately, I have concluded that I must resign from my position as the Executive Chief Information Officer for the State of Arkansas for professional reasons. I do not believe that the current working environment within your staff is conducive to effective management. I am disappointed in the lack of leadership I have seen and I simply feel that we are not on the proper course.
In order to be effective, I would need to be allowed to work in a collaborative environment, with a spirit of cooperation, with my Information Technology Oversight Committee and the Joint Committee for Advanced Communications and Information Technology. Those relationships have been strained by your staffs attempts to restrict communications to the point that my office cannot be as effective as it should be.
I am proud of the accomplishments of my staff. The items outlined in Act 1042, Section 4, have been addressed and the results of our efforts can be seen on the website (www.cio.state.ar.us). To continue, however, under the restrictions that have been placed on me, would be detrimental to the citizens of the State of Arkansas. We have done all that we can do under these conditions. Therefore, I must resign my position. I am giving two weeks’ notice effective today and wait to receive your instructions as to what you would like for me to do during this time.

Later the same day, Bradford received a letter from Turner stating, in pertinent part:

As a result of our meeting this morning, I have been directed by Governor Huckabee to terminate you from your position of State Executive CIO effective 12:00 noon today, June 13, 2002.

Following his termination, Bradford made application to the Arkansas Employment Security Department (ESD) for unemployment benefits, which that agency denied. He timely appealed that decision to the Arkansas Appeal Tribunal and then to the Arkansas Board of Review, both of which affirmed the ESD’s decision. He now appeals to this court, arguing three points for reversal: (1) whether an employee who leaves his or her last work “because he is asked to violate the law” voluntarily and without good cause connected with the work leaves his or her last work for purposes of Ark. Code Ann. § 11-10-513; (2) whether there is substantial evidence in the record that he left his last work without good cause connected with the work; and (3) whether there is substantial evidence in the record that he failed to take appropriate steps to prevent or complain of the improper actions of the governor’s staff. We affirm the decision of the Board of Review.

The findings of the Board of Review are conclusive if they are supported by substantial evidence. Walls v. Director, 74 Ark. App. 424, 49 S.W.3d 670 (2001). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Id. We review the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Board’s findings. Lovelace v. Director, 78 Ark. App. 127, 79 S.W.3d 400 (2002). Issues of credibility of witnesses and weight to be afforded their testimony are matters for the Board of Review to determine. W. C. Lee Construction v. Stiles, 13 Ark. App. 303, 683 S.W.2d 616 (1985). Even when there is evidence upon which the Board might have reached a different decision, the scope ofjudicial review is limited to a determination of whether the Board could reasonably reach its decision upon the evidence before it. Id.

Bradford, the only witness to testify at the hearing on this matter, testified that as the state’s ECIO, he reported directly to the governor. He testified that he worked as ECIO until June 13, 2002, when he tendered his resignation. Bradford testified that after he tendered his letter of resignation, he gave an exclusive interview to a reporter from the Arkansas Democrat-Gazette and that he also called a press conference for that afternoon. Later that same day, Bradford received the termination letter from Brenda Turner.

Bradford testified that he had thought for a couple of months about resigning, and that he had confided with “key decision makers” and had written a letter a week before June 13. He said that he had started to feel uncomfortable in his job in January with one issue in particular, and that his uneasiness evolved over a period of time. Bradford testified that he believed he had been asked by personnel in the governor’s office to violate the law or, at least, to violate ethical standards. Specifically, Bradford testified that he believed that he was being asked to violate Act 1042 of 2001 that created the ECIO position, to evade Arkansas’s Freedom of Information Act, and to participate in a scheme by the state to illegally bill the United States Department of Health and Human Services for charges expended on information technology.

Regarding his contention that he was being asked to violate Act 1042, Bradford testified that the governor’s office had asked him to do things that were inconsistent with his obligations under that Act. He testified that he had been instructed to be careful about involving the legislature in his work; not to allow the legislature to infringe upon the responsibilities of the administration and other agencies; and not to allow the legislature to “stick its nose in the administration’s business.” Bradford referred in his testimony to an email that came from a member of the governor’s staff that stated in part:

I would recommend as litde direct interface with the [legislature] as you can get away with, there is nothing good to come from their involvement. I have dealt with Lindall and Gullet and Magnus and Kevin Smith for a while now. I can promise you that they have other agendas that will cause them to be less than altruistic with their dealings with you. You have a good reputation with the [legislature] right now, don’t risk it through over-familiarity with them, nothing, capital Nothing, good ever comes from a committee meeting.

Bradford testified that the recommendation contained in this email violated Act 1042 because, under the Act, the ECIO was obligated to report to the legislature and to work with its Joint Committee on Advance Communication and Information Technology (JCACIT) and the Information Technology Oversight (ITO) Committee. He said that he had emails instructing him not to be completely forthcoming with members of the legislature, not to invite them to meetings of the ITO Committee, and not to trust the chairman of the ITO Committee because he had been nominated by the Democratic legislature.

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Bluebook (online)
128 S.W.3d 20, 83 Ark. App. 332, 2003 Ark. App. LEXIS 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradford-v-director-employment-security-department-arkctapp-2003.