City of Indianapolis v. Hargis

588 N.E.2d 496, 1992 Ind. LEXIS 87, 1992 WL 51225
CourtIndiana Supreme Court
DecidedMarch 19, 1992
Docket49S02-9203-CV-184
StatusPublished
Cited by9 cases

This text of 588 N.E.2d 496 (City of Indianapolis v. Hargis) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Indianapolis v. Hargis, 588 N.E.2d 496, 1992 Ind. LEXIS 87, 1992 WL 51225 (Ind. 1992).

Opinions

DICKSON, Justice.

The petition to transfer in this case questions the standard of judicial review applicable to the administrative decision of a police pension board and argues that the reviewing trial court and the Court of Appeals improperly engaged in a reweighing of evidence.

Plaintiff-appellee John Hargis became an Indianapolis police officer in 1968. He was named "Indianapolis Police Officer of the Year" in 1972 and 1974. In 1978, 1979, and 1982 he was involved in off-duty incidents each involving improper use of his firearm, and for which he was disciplined. Upon his plea of guilty to four internal charges stemming from the 1982 incident, the Chief of Police recommended that he be discharged. Immediately thereafter, on July 11, 1982, he applied to the Indianapolis Police Pension Board for a disability pension alleging that alcoholism rendered him unfit for active duty in the police department. When the Board denied his application, Hargis sought judicial review. The reviewing court reversed the Board's decision and determined that Hargis was entitled to the pension, but the Court of Appeals reversed and remanded for the purpose of requiring the Board to make findings of fact. City of Indianapolis v. Hargis (1986), Ind.App., 498 N.E.2d 1043 (memorandum decision).

On remand the Board issued findings and conclusions supporting its decision that Hargis was not entitled to a disability pension. Hargis again sought judicial review, whereupon the Marion Superior Court entered findings, conclusions, and a judgment reversing the Board's decision as arbitrary, capricious, illegal, contrary to law, and not supported by the evidence. In the subsequent appeal brought by Indianapolis Mayor William Hudnut, the City of Indianapolis, and the other appellants, the Court of Appeals affirmed the reversal of the Board's decision. Hudnut v. Hargis (1990), Ind.App., 561 N.E.2d 820.

The pension claim of Officer Hargis arises under the 1958 Police Pension Fund Act, Ind.Code § 36-8-7.5-1 to -22. In judicial review of Pension Board decisions by general jurisdiction courts, the applicable standard of review is not prescribed by the Act itself, The review standards provided by the then existing Indiana Administrative [498]*498Adjudication Act, Ind.Code § 4-22-1-8 (Burns 1986 Repl)1, are not applicable to the Board. Yunker v. Porter County Sheriff's Merit Bd. (1978), 178 Ind.App. 364, 382 N.E.2d 977.

The applicable standard of review has been developed through case law.

[The trial court may not merely substitute its judgment for that of the administrative body. It may not interfere with the exercise of the discretionary authority of that body, unless it is made to appear that it acted in the exercise of that discretion in an arbitrary, capricious, fraudulent, or otherwise illegal manner.

City of Evansville v. Nelson (1964), 245 Ind. 430, 443, 199 N.E.2d 703, 710. Upon such review by a trial court of actions of an administrative body, the issue has been described as whether there is "no substantial evidence to support its finding, or [the body] has acted arbitrarily and capriciously from the evidence presented." City of New Albany v. Whiteman (1968), 250 Ind. 333, 335, 234 N.E.2d 646, 648.

Recognizing the absence of significant differences between the "arbitrary and capricious" test and the "unsupported by substantial evidence" standard, this Court recently declared that the "substantial evidence" standard should be applied when reviewing the evidentiary support for an administrative decision. Stewart v. Fort Wayne Community Schools (1990), Ind., 564 N.E.2d 274. Under this standard, the reviewing court may vacate a board's decision only if the evidence, when viewed as a whole, demonstrates that the conclusions reached by the board are clearly erroneous. Id.

In denying Hargis's application for disability pension, the Pension Board made findings of fact, among which were:

8. John Hargis stated that he started drinking in 1971 or 1972, attributing the cause to be the stress and pressures of police work.
9. Hargis testified that in his opinion his illness could be cured, that he could stoi) his drinking, and that he did not drink on the job.

Record at 20. The Board also listed the following additional evidentiary findings under the subtitle "Conclusions":

A. Mr. Hargis was not certified by the Medical Doctor.
B. There was no evidence of Mr. Har-gis's abuse of alcohol on duty.
C. There was no evidence of an attendance problem due to alcohol with Mr. Hargis.
D. There was no evidence of health or medical problems usually associated with alcoholism with Mr. Hargis.

Record at 21. While unclear from the record whether Hargis sought a permanent disability pension under subsection 18(a), or temporary benefits under subsection 18(b) of the 1958 Police Pension Fund Act, he asserts that he seeks only the permanent disability pension. Appellee's Brief in Opposition to Petition to Transfer at 14. The Act provided in pertinent part:

(a) The 1953 fund shall be used to pay a pension in an annual sum equal to fifty percent (50%) of the salary of a first class patrolman in the police department, computed and payable as prescribed by section 12(a) of this chapter, to an active member of the police department who has been in active service for more than one (1) year and who has suffered or contracted a mental or physical disease or disability that renders the member permanently unfit for active duty in the police department, or to an active member of the police department who has been in active service for less than one (1) year who has suffered or received personal injury from violent external causes while in the actual discharge of his duties as a police officer. The pensions provided for in this subsection shall be paid only so long as the member of the police department remains unfit for active duty in the police department.
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City of Indianapolis v. Hargis
588 N.E.2d 496 (Indiana Supreme Court, 1992)

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Bluebook (online)
588 N.E.2d 496, 1992 Ind. LEXIS 87, 1992 WL 51225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-indianapolis-v-hargis-ind-1992.