Caldwell v. City of Minneapolis

486 N.W.2d 151, 1992 Minn. App. LEXIS 514, 1992 WL 114670
CourtCourt of Appeals of Minnesota
DecidedJune 2, 1992
DocketCX-91-2267
StatusPublished
Cited by4 cases

This text of 486 N.W.2d 151 (Caldwell v. City of Minneapolis) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Caldwell v. City of Minneapolis, 486 N.W.2d 151, 1992 Minn. App. LEXIS 514, 1992 WL 114670 (Mich. Ct. App. 1992).

Opinions

OPINION

LANSING, Judge.

Xavier Caldwell, a military service veteran, appeals the trial court’s decision upholding his discharge from employment as a firefighter. We affirm.

[153]*153FACTS

On the fire chiefs recommendation for discharge, the Minneapolis Civil Service Commission conducted a hearing and concluded that Xavier Caldwell had committed misconduct by using, possessing, and selling cocaine and converting cocaine powder into crack form. The presiding commissioner recommended discharge under civil service commission Rule 11.03 B13 which provides that criminal or dishonest conduct unbecoming to a public employee may be the cause for disciplinary action whether committed on duty or off duty. The commissioner’s recommendation included the following facts:

Caldwell, a seventeen-year veteran of the Minneapolis Fire Department, performed his duties in a superior manner and scored consistently high on his performance evaluations, maintaining an overall average of ninety percent. Despite racism within the department, Caldwell, an African-American, got along well with his colleagues, was a very good firefighter, and had no disciplinary actions reflected in his personnel file.

On August 11, 1988, Caldwell sold .2 grams of cocaine to an undercover police officer participating in a Minneapolis Police Department “sting” operation targeting Minneapolis police officers and firefighters. The same undercover officer observed Caldwell snort cocaine through a straw on August 25, 1988, and on September 23, 1988, smoke cocaine in a glass pipe, offer to trade one-half gram of cocaine powder for crack cocaine, smoke the crack cocaine, and convert cocaine powder into crack cocaine by using a pot of water, baking soda, and a glass test tube.

In February 1989, Caldwell was arrested and charged with unlawful sale of a controlled substance. In September 1989, Caldwell pleaded guilty to and was convicted of unlawful possession of a Schedule II narcotic. The court stayed Caldwell’s sentence under Minn.Stat. § 609.35 (1988), placed him on probation for one year, and ordered him to complete 500 hours of community service and submit to random urinalysis. Caldwell successfully completed the probationary period and his conviction was expunged on June 4, 1991.

The facts also included a finding that sometime before September 1989, Caldwell developed an alcohol abuse problem. Caldwell confined his drinking to off duty, was never under the influence of alcohol at work, never let his drinking problem impair his work, received chemical dependency treatment in September and October 1989, and since that time has been chemically free.

On these facts, the civil service commission accepted the presiding commissioner’s recommendation that Caldwell be discharged. The Hennepin County trial court upheld the discharge and Caldwell appeals.

ISSUES

1. Is there substantial evidence in the record to support a conclusion that the discharge was for misconduct related to employment?

2. Did the expiration of the presiding commissioner’s term invalidate the veterans preference hearing?

ANALYSIS

I

As an honorably discharged military service veteran, Caldwell is entitled to the protections of the Veterans Preference Act, Minn.Stat. § 197.46 (1988). The statute provides that an honorably discharged veteran may only be removed from public employment for incompetency or misconduct. Id. Minnesota courts have equated the standard under Minn.Stat. § 197.46 with the standard of just cause required for the discharge of a civil service employee. Leininger v. City of Bloomington, 299 N.W.2d 723, 726 (Minn.1980).

The earliest cases defining just cause have required that “[t]he cause must be one which specially relates to and affects the administration of the office.” State ex rel. Hart v. Common Council of Duluth, 53 Minn. 238, 244, 55 N.W. 118, 120 (1893). Subsequent cases have emphasized that the “cause or reason for dismissal must relate to the manner in which the employee per[154]*154forms his duties.” Hagen v. State Civil Serv. Bd., 282 Minn. 296, 299, 164 N.W.2d 629, 632 (1969); Ekstedt v. Village of New Hope, 292 Minn. 152, 162-63, 193 N.W.2d 821, 827-28 (1972) (misconduct must be based on inadequate performance of duties); Hughes v. Department of Pub. Safety, 200 Minn. 16, 22, 273 N.W. 618, 621 (1937) (misconduct denotes an improper discharge of the duties of office); In re Discharge of Kelvie, 384 N.W.2d 901, 904 (Minn.App.1986) (discharge requires relationship between alleged misconduct and job performance).

The presiding commissioner found that Caldwell’s violation of department rules, policies and procedures required discipline and that discharge was an appropriate remedy because the drug violations were severe initial misconduct. In the memorandum accompanying his recommendation for discharge, the presiding commissioner discussed the commission’s “no tolerance” attitude toward drug offenses, referred to the firefighters’ new labor agreement that lists drug offenses as a ground for discharge, and cited cases from other states supporting his position that firefighters’ duties relate to public safety, and the use, possession, and sale of illegal drugs affect the “administration of the firefighter’s office and the rights and interests of the public.”1 The commission accepted the recommendation without making additional findings.

In upholding the commission’s decision, the trial court recognized that Minnesota law requires that misconduct be related to the employee’s job performance. The trial court, relying on City of Minneapolis v. Moe, 450 N.W.2d 367 (Minn.App.1990), ruled that as a matter of law felonious drug use by firefighters negatively affects the image, trust, and integrity of the department, and consequently Caldwell’s cocaine use undermined his ability to function effectively in his job.

In Moe we upheld the commission’s decision to discharge a police officer who admitted to off-duty charges of felonious possession of cocaine. Id. The record and findings in Moe, however, are significantly different because substantial portions of the findings of fact and the hearing officer’s accompanying memorandum relate to the effect of Moe’s actions on his job.2

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bradley v. First Nat. Bank of Walker, N.A.
711 N.W.2d 121 (Court of Appeals of Minnesota, 2006)
West Circle Properties LLC v. Hall
634 N.W.2d 238 (Court of Appeals of Minnesota, 2001)
State v. Shifflet
556 N.W.2d 224 (Court of Appeals of Minnesota, 1996)
Caldwell v. City of Minneapolis
486 N.W.2d 151 (Court of Appeals of Minnesota, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
486 N.W.2d 151, 1992 Minn. App. LEXIS 514, 1992 WL 114670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caldwell-v-city-of-minneapolis-minnctapp-1992.