Farnsworth v. Missouri Department of Corrections & Human Resources

747 S.W.2d 180, 1988 Mo. App. LEXIS 20
CourtMissouri Court of Appeals
DecidedJanuary 12, 1988
DocketNo. WD 39384
StatusPublished
Cited by2 cases

This text of 747 S.W.2d 180 (Farnsworth v. Missouri Department of Corrections & Human Resources) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farnsworth v. Missouri Department of Corrections & Human Resources, 747 S.W.2d 180, 1988 Mo. App. LEXIS 20 (Mo. Ct. App. 1988).

Opinion

MANFORD, Judge.

Appellant (Missouri Department of Corrections and Human Resources, hereinafter MDCHR) appeals from the judgment of the circuit court which reversed a determination of the Personnel Advisory Board (hereinafter the Board) to discipline respondents Jack Farnsworth and John Cunningham. This court affirms the Board’s decision, thereby reversing the circuit court.

The action commenced as follows:

On the basis of a report filed by Mark Schreiber, Chief Internal Affairs Officer for MDCHR, the Appointing Authority suspended Farnsworth and Cunningham from their positions as Farms Director and Farms Manager II (respectively) over the Central Missouri Correctional Center (CMCC) farming operation. The suspensions were with pay pending further investigation.

Following said investigation, David Kor-man, Director of the Division of Administration, placed Farnsworth and Cunningham on leave without pay pending an Administrative Review Committee (ARC) hearing. Both Farnsworth and Cunningham were thereafter permitted to appear at the ARC hearing where they were given an opportunity to respond to the allegations against them. Based on the hearing, the ARC did not recommend disciplinary action against Cunningham, but did recommend disciplinary action short of termination against Farnsworth.

Thereafter, Korman and Dr. Lee Roy Black, then Director of MDCHR, reviewed the allegations and evidence against Farns-worth and Cunningham, and arrived at the conclusion that discipline greater than that recommended by the ARC was necessary. Black thereafter ordered the termination of [182]*182Farnsworth and a ten-day suspension of Cunningham.

Farnsworth and Cunningham appealed to the Board. Following a hearing before a hearing officer, the Board determined that there was substantial and competent evidence to affirm the decision of the MDCHR and thereby ordered the termination of Farnsworth and the ten-day suspension of Cunningham. Farnsworth and Cunningham filed their petition for review of the Board’s decision before the Circuit Court of Cole County. That court issued its opinion reversing the Board’s decision. MDCHR filed its notice of appeal with this court.

This court’s review of the Board’s findings of fact is limited to determining whether the decision is supported by competent and substantial evidence upon the whole record and, even if the evidence would warrant either of two opposed findings, this court must uphold the factual determination of the Board. Section 536.-140.2, RSMo 1986, and Osage Outdoor Advertising, Inc. v. State Highway Commission of Missouri, 687 S.W.2d 566, 568 (Mo.App.1984). Where evidentiary support for such findings is challenged, as herein, this court must review the evidence in the light most favorable to the Board’s decision, deferring to the Board on matters of weight to be given conflicting evidence. Ballew v. Ainsworth, 670 S.W.2d 94, 102 (Mo.App.1984).

The evidence, when viewed as such, may be summarized as follows:

MDCHR ran several agricultural operations which were staffed with inmate labor. The purpose of these operations was to provide inmates with employment experience (the inmates received a small salary) and to provide produce, meats, and dairy products for the prison cafeterias.

At the time of his termination, Farns-worth was employed as the Farms Director for MDCHR. The position of Farms Director is described as follows:

This is administrative farm management in the planning and coordination of an institutional farm program for the Department of Corrections and Human Resources.
An employee in this class is responsible for the management of all institutional farm operations in the adult Correctional facilities. Work involves responsibility for planning long-range, diversified farming and dairy operations. Work includes providing technical advice and assistance to Farm Managers and includes the establishment and interpretation of program policy, and the development of operating procedures for farm operation. The employee has final responsibility for all purchases of raw materials and equipment and determines which products are to be produced and that appropriate procedures are followed. Supervision is exercised over Farm Managers and Farm Supervisors who are responsible for Corrections farm or dairy operations. Work is performed with considerable latitude for independent action and exercise of initiative, subject only to general supervision from an administrative superior.

Likewise, at the time of his suspension, Cunningham was employed as Farm Manager II for MDCHR, which is described as follows:

This is administrative and management work in the operation and maintenance of a large multiple operation institutional farm.
An employee in this class is responsible for the successful management of a large scale dairy herd and farming operation. Work includes developing short and long term plans for dairy and farm operations. Supervision is exercised over all farm workers through subordinate Farm Manager Is [ones] and Farm Supervisors. Work is performed under the supervision of an administrative superior who makes work assignments and reviews work for conformance with established institutional or departmental policy and for attainment of goals and objectives; however, the employee is expected to exercise a high degree of initiative and judgment in the farm management.

In February of 1985, Mark Schreiber was sent to the CMCC farm operation (also referred to as Church Farm) to investigate [183]*183allegations concerning inmate use of firearms at the farm. On February 24, 1985, Schreiber filed his report, which detailed deplorable unsanitary conditions at the dairy operation of the farm. Schreiber’s report noted that “[njumerous individuals consisting of both employees and inmate workers have been interviewed”, and that based upon these interviews and his own observations, Schreiber noted the following “allegations and accusations”:

1. No one seems to have the authority to make decisions at the dairy and farm operation.
2. When decisions are made, they are often overruled or reversed by either Mr. J.L. Cunningham or by Mr. Jack Farns-worth.
3. Records are not properly kept and in many instances are not maintained at all.
4. The dairy operation is not properly managed and maintained and as a result milk production is inferior and unsafe and does not meet even minimum standards required. This includes the allegation that diseased cows are being milked.
5. Cattle are often mistreated and not properly cared for.
6. Supplies are ordered and are not received or are not used once they are received.
7. Inmates assigned to the farm operation are often unsupervised for long periods of time. During these unsupervised periods they hunt with firearms, are met by women and engage in various other activities.
8. Extensive death losses of cattle and particularly calves are common place.
9. Inhumane treatment of cattle.

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879 S.W.2d 556 (Missouri Court of Appeals, 1994)
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Bluebook (online)
747 S.W.2d 180, 1988 Mo. App. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farnsworth-v-missouri-department-of-corrections-human-resources-moctapp-1988.