Cook v. ATLANTA, INDIANA TOWN COUNCIL

956 N.E.2d 1176, 2011 Ind. App. LEXIS 1891, 2011 WL 5506106
CourtIndiana Court of Appeals
DecidedNovember 10, 2011
Docket29A02-1105-MI-410
StatusPublished
Cited by7 cases

This text of 956 N.E.2d 1176 (Cook v. ATLANTA, INDIANA TOWN COUNCIL) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cook v. ATLANTA, INDIANA TOWN COUNCIL, 956 N.E.2d 1176, 2011 Ind. App. LEXIS 1891, 2011 WL 5506106 (Ind. Ct. App. 2011).

Opinion

OPINION

BROWN, Judge.

Jai Cook appeals the denial of his Petition of Judicial Review and Writ of Mandamus. Cook raises one issue, which we restate as whether the court erred in dismissing his Petition. We reverse and remand.

The relevant facts as stipulated by the parties to the trial court follow. Cook commenced his employment as Town Marshal for the town of Atlanta, Indiana, on September 13, 2008. He completed the minimum basic training requirement adopted by the law enforcement training board under Ind. Code § 5-2-1-9, and worked as Town Marshal for Atlanta for *1177 more than six months. On September 24, 2010, the Atlanta town council terminated Cook as Town Marshal without a hearing following an incident which occurred that same day. Cook requested a hearing prescribed in the disciplinary removal and appeals procedure prescribed by Ind.Code § 36-8-3-4, but his request was denied by the town council. Cook was not terminated for “cause.” See Appellant’s Appendix at 68.

On October 13, 2010, Cook filed a Petition for Judicial Review and Writ of Mandamus alleging that the Atlanta town council refused to provide him with procedural due process or a hearing under Ind.Code 36-8-3-4 before his termination. Cook alleged that at all relevant times the Atlanta town council consisted of Andrew Emmert, John Phifer, and Dennis Bozell, and that, on September 24, 2010, he had probable cause to believe that Emmert engaged in disorderly conduct and intimidation. Cook specifically alleged that Emmert entered the town hall and confronted another man in an aggressive and intimidating manner, yelled at the man stating “I know who you are, I know what you’re doing with my daughter and that internet sex chat, obviously you don’t know who the f— I am and what the f— I can do to you, you’re a f — ing degenerate,” stood in a “bladed posture” over the man, and yelled to Cook “you’re a f — ing degenerate too” and slammed the door. Id. at 20. Cook alleged that while he was in the process of creating the probable cause affidavit, Em-mei’t returned to the town hall with Phifer and Bozell, that Emmert confronted Cook and asked “we got a f — ing problem here” and “[a]re you filing charges on me,” and Cook indicated that he was drafting charges against Emmert. Id. Cook alleged that while he was creating the probable cause affidavit, Phifer approached him and “stated that [Cook] was suspended indefinitely” and that Cook “stated that he could not be suspended without a hearing, to which [ ] Phifer and [ ] Bozell responded that they could suspend [Cook] no matter what and he would not receive a hearing.” Id. Cook alleged that after further discussion and on that same day, the town council members terminated his employment without a hearing. Cook alleged that the town council violated Ind.Code §§ 36-5-7-3 and 36-8-3-4 by discharging him as Town Marshal without a hearing and requested the court to set aside the action, reinstate him as Town Marshal, provide back pay and lost benefits, and award attorney fees and costs. Cook alternatively requested the court to order the Atlanta town council to provide fair and impartial hearing procedures as outlined in Ind. Code § 36-8-3-4.

On January 20, 2011, the parties submitted a Stipulation of Facts. Cook filed a brief in support of his petition, the town council filed a response in opposition to Cook’s petition, and Cook filed a reply. On March 21, 2011, the court conducted a hearing on Cook’s petition, at which counsel for the parties presented legal arguments. Cook’s counsel referenced Cook’s service as a Deputy Marshal for Atlanta during some prior time period. 1 Counsel for Atlanta argued that Cook’s prior employment was not evidence in the record. After Cook’s counsel stated that he was “surprised by the fact that there would be dispute that [Cook] did work for the department as a deputy marshal” and that “[i]t is an easily verifiable fact,” Atlanta’s counsel stated “I don’t think the town would dispute that at one time [Cook] was a marshal, there was a gap, where [ ] Cook left the department and then he was hired *1178 in as the head marshal” such that Cook “was not coming from the department, he came from outside of the department.” Transcript at 23-24. In April 2011, Atlanta by counsel filed a Submission of Additional Authority and Request to take Judicial Notice of Precedent Relevant to Case, and Cook filed a response. The trial court denied Cook’s Petition, and Cook now appeals.

The issue is whether the trial court erred in denying Cook’s Petition for Judicial Review and Writ of Mandamus. Cook essentially contends that he was entitled to a pre-termination hearing and proceedings pursuant to Ind.Code §§ 36-5-7-3 and 36-8-3-4.

When interpreting a statute, we independently review a statute’s meaning and apply it to the facts of the case under review. Bolin v. Wingert, 764 N.E.2d 201, 204 (Ind.2002). Thus, we need not defer to a trial court’s interpretation of the statute’s meaning. Elmer Buchta Trucking, Inc. v. Stanley, 744 N.E.2d 939, 942 (Ind.2001). “The first step in interpreting any Indiana statute is to determine whether the legislature has spoken clearly and unambiguously on the point in question.” St. Vincent Hosp. and Health Care Ctr., Inc. v. Steele, 766 N.E.2d 699, 703-704 (Ind.2002). If a statute is unambiguous, we must give the statute its clear and plain meaning. Bolin, 764 N.E.2d at 204. A statute is unambiguous if it is not susceptible to more than one interpretation. Elmer Buchta Trucking, 744 N.E.2d at 942. However, if a statute is susceptible to multiple interpretations, we must try to ascertain the legislature’s intent and interpret the statute so as to effectuate that intent. Bolin, 764 N.E.2d at 204. We presume the legislature intended logical application of the language used in the statute, so as to avoid unjust or absurd results. Id. In addition, we will avoid an interpretation that renders any part of the statute meaningless or superfluous. Koehlinger v. State Lottery Comm’n of Ind., 933 N.E.2d 534, 541 (Ind.Ct.App.2010) (citation omitted), trans. denied; see also In re ITT Derivative Litig., 932 N.E.2d 664

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956 N.E.2d 1176, 2011 Ind. App. LEXIS 1891, 2011 WL 5506106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-atlanta-indiana-town-council-indctapp-2011.