Denning v. Johnson County Sheriff's Civil Service Bd

329 P.3d 440, 299 Kan. 1070, 38 I.E.R. Cas. (BNA) 1406, 2014 WL 3377250, 2014 Kan. LEXIS 421
CourtSupreme Court of Kansas
DecidedJuly 11, 2014
Docket104318
StatusPublished
Cited by9 cases

This text of 329 P.3d 440 (Denning v. Johnson County Sheriff's Civil Service Bd) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Denning v. Johnson County Sheriff's Civil Service Bd, 329 P.3d 440, 299 Kan. 1070, 38 I.E.R. Cas. (BNA) 1406, 2014 WL 3377250, 2014 Kan. LEXIS 421 (kan 2014).

Opinions

The opinion of the court was delivered by

Moritz, J.:

This case began innocuously enough when Johnson County Sheriffs Department Master Deputy Michael Maurer cracked a department vehicle’s windshield with a binder while attempting to shoo a bothersome horsefly. While the horsefly’s life may have ended, the long and tortuous factual and procedural his-toiy of this case had just begun.

Maurer initially reported the incident by writing “Crack in windshield—rock” on a yellow sticky note and leaving the note for his commanding officer, Sergeant Joe Greenwood. The next morning, Maurer briefly spoke with Greenwood and advised him the crack on the windshield had “spiderwebbed” as the result of a rock chip. But another deputy who witnessed tire horsefly incident soon reported that Maurer caused tire damage when he hit the windshield with tire binder. Maurer eventually responded to questions regarding the incident in two separate written reports and disclosed additional facts regarding his role in damaging the windshield.

After an internal investigation and hearing before an internal review board, Johnson County Sheriff Frank Denning terminated Maurer’s employment for violating the department’s professional standard on truthfulness. In doing so, Denning adopted the position of the review board recommending termination based on Maurer’s false statements in the sticky note and his verbal statement to his commanding officer indicating the windshield damage was caused by a rock rather than Maurer’s own actions.

Maurer appealed to the Johnson County Sheriffs Civil Service Board (CSB), and the CSB reversed Denning’s decision and ordered Maurer’s reinstatement. Denning appealed to the district court, and the district court reversed the CSB’s decision and remanded the case to the CSB for further proceedings. Maurer ap[1073]*1073pealed the district court’s decision to the Court of Appeals, which dismissed the appeal for lack of jurisdiction, reasoning the district court’s decision to remand the case to the CSB for further proceedings was not a final order. On remand, the CSB reversed itself, upholding Denning’s decision to terminate Maurer. Maurer appealed to the district court, and the district court affirmed the CSB’s second decision. Maurer appealed to the Court of Appeals, and the panel majority affirmed both district court decisions, ultimately upholding Maurer’s termination. Judge Leben dissented and would have affirmed the CSB’s first decision upholding Maurer’s reinstatement. Denning v. Johnson County Sheriff's Civil Service Board, 46 Kan. App. 2d 688, 266 P.3d 557 (2011), rev. granted 294 Kan. 943 (2012).

We granted Maurer’s petition for review under K.S.A. 20-3018(b), obtaining jurisdiction under K.S.A. 60-2101(b). We affirm the Court of Appeals’ decision affirming the district court’s decision to vacate the CSB’s first decision, and thus we ultimately uphold Denning’s decision to terminate Maurer’s employment.

Discussion

Because the parties are familiar with the underlying facts and procedural history of this case and the Court of Appeals fully discussed both in Denning, 46 Kan. App. 2d 688, we will not repeat them here. Instead, we will proceed to consider the two issues presented in Maurer’s petition for review: (1) whether the CSB exceeded the scope of its authority in rendering its first decision, and (2) whether the CSB’s first decision was substantially supported by the evidence. To provide context for our analysis of these issues, we begin with a general overview of the roles of a county sheriff and a sheriff s civil service board and the relevant judicial review process.

The Roles of the County Sheriff and a Sheriff s Civil Service Board

K.S.A. 19-805(a) permits a county sheriff to “appoint, promote, demote and dismiss additional deputies and assistants necessary to carry out the duties of the office, for whose official acts the sheriff is responsible.” But the sheriff s powers are not absolute. Instead, [1074]*1074those powers are subject to some oversight by the board of county commissioners regarding personnel policies and procedures and pay plans and are subject to “any applicable bargaining agreements or civil service system.” K.S.A. 19-805(d).

Counties designated as “urban area” counties and counties having certain populations are required by statute to establish a sheriffs civil service system. K.S.A. 19-4303 et seq. In these counties, the boards of county commissioners “shall, by resolution, create a civil service board.” K.S.A. 19-4304. The duties of a sheriff s civil service board are outlined in K.S.A. 19-4311 and include the duty to “[cjonduct hearings and hear complaints by or against personnel for the purpose of demotion, suspensions or removal of personnel.” K.S.A. 19-4311(h).

Regarding the dismissal or suspension of any permanent employee covered under a sheriffs civil service system, K.S.A. 19-4327 provides, in relevant part:

“(a) The sheriff may dismiss any permanent employee when [the sheriff] considers that the good of the service will be served thereby, and for disciplinary purposes may suspend without pay a permanent classified employee for a period not to exceed thirty (30) days, but no permanent employee shall be dismissed for political, religious or racial reasons.

A permanent employee can seek review of his or her dismissal by requesting a hearing before the applicable sheriff s civil service board. K.S.A. 19-4327(b). A sheriffs civil service board is authorized to receive evidence at the hearing and to determine the “reasonableness” of the sheriffs personnel decision. See K.S.A. 19-4311(h); K.S.A. 19-4327(b), (d). Finally, a sheriffs civil service board is authorized to approve or disapprove the sheriffs action and may order reinstatement of a dismissed deputy with back pay, sustain the dismissal, or sustain the dismissal with certain conditions. K.S.A. 19-4327(d).

Judicial Review of a Sheriff s Civil Sewice Board Decision

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Cite This Page — Counsel Stack

Bluebook (online)
329 P.3d 440, 299 Kan. 1070, 38 I.E.R. Cas. (BNA) 1406, 2014 WL 3377250, 2014 Kan. LEXIS 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denning-v-johnson-county-sheriffs-civil-service-bd-kan-2014.