In re Administrative Appeal of the Termination of Employment

374 N.W.2d 754, 1985 Minn. App. LEXIS 4558
CourtCourt of Appeals of Minnesota
DecidedOctober 1, 1985
DocketNo. C7-85-712
StatusPublished
Cited by1 cases

This text of 374 N.W.2d 754 (In re Administrative Appeal of the Termination of Employment) 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
In re Administrative Appeal of the Termination of Employment, 374 N.W.2d 754, 1985 Minn. App. LEXIS 4558 (Mich. Ct. App. 1985).

Opinion

OPINION

POPOVICH, Chief Judge.

Relator Jean Black, by a writ of certiora-ri, appeals a decision of the Crow Wing Board of Commissioners terminating her as an assistant county attorney. While an independent referee had recommended, following a four day hearing, that Black not be removed, this recommendation was rejected by the Crow Wing County Personnel Committee and the County Board. On appeal, Black contends her removal for cause was not supported by the evidence. We affirm.

FACTS

Jean Black was hired as an assistant county attorney by the Crow Wing County Attorney. First she worked as a law clerk until admitted to the Minnesota Bar on October 15, 1982. Black was assigned to the Human Services Department, representing the agency in paternity adjudica[755]*755tions, child support enforcement, termination of parental rights petitions, mental illness, chemical dependency commitments, child dependency and neglect matters, IV.D. hearings, administrative appeals and probate proceedings. She officed in the human services building, located away from the county attorney’s office.

Although the advertisement for the position in her law school placement newsletter did not specifically indicate the job entailed litigation, Black was aware the job required some trial work. When interviewed, she also expressed an interest in trial work.

While serving as a law clerk waiting for bar exam results, she observed other attorneys perform the duties she would be doing, including court appearances. The county attorney did not personally observe her in court after her first 30 days of employment. Black consulted with the county attorney’s staff and attended numerous continuing legal education seminars. By January 1984, she successfully completed a probationary period and had never been reprimanded, orally or in writing, for job performance. The county attorney never completed an evaluation of her. Wayne Larson, Director of Social Services, evaluated her performance on March 3,1983 and May 22, 1984 and noted satisfactory performance. He did not attempt to evaluate her trial skills.

Black was diligent in office skills, hard working, interacted well with social services staff and law enforcement officials and was well-liked. She was excellent at mitigating and settling disputes. Approximately 85 percent of her cases were settled prior to court appearances. She devoted many non-working hours to committees and community organizations related to her job, serving on a Guardian Ad Litem Task Force, the Rulemaking Advisory Committee for Medical Assistance, participating in sexual abuse education, serving on the Brainerd State Hospital Advisory Board and on a child protection team.

In January 1984, the county attorney became aware Black was having some trial problems. He met with her and told her to observe other attorneys in court and attend appropriate seminars. He followed the “sink or swim” method of learning and believed the best method of learning trial skills was by doing them. He discussed her trial abilities with attorneys who opposed her in court and with judges before whom she appeared rather than personally observing her.

In late March 1984 he again met with Black and informed her that her trial skills were deficient. He suggested she may need to find other employment by the end of the year. No formal plan for developing trial skills was proposed and although she requested assistance, no. other assistant county attorney ever went to court with her.

They met again in April 1984 and he told her that her trial skills were poor, which decreased her effectiveness as a negotiator. In June 1984, her position was placed in the county merit system classification.

On October 19, 1984 she was terminated effective December 1, 1984 because of inability to introduce evidence and to examine witnesses. Subsequently the county attorney learned of an incident involving Black and Judge Robert E. Kautz. Kautz suggested in court Black not address an adult social worker by her first name. She responded by accusing the judge of violating decorum rules by not wearing a robe at the commitment hearing. Black later wrote Judge Kautz enclosing a copy of a manual for beginning attorneys on how to conduct trial examination. She wrote the judge’s behavior was inappropriate and rude and concluded, “Because I do not appreciate your rudeness and consider it highly improper, I will be documenting any and all occurrences by letter to you, and if the rudeness does not cease, I will consider taking further steps by bringing this situation to the attention of D.J. Hanson, Court Administrator.” A second termination letter of October 25, 1984 chided Black for being unaware of Uniform Decorum Rule 16, for unprofessional remarks to the judge, and for using County Attorney sta[756]*756tionery to respond. This incident was a separate ground for termination.

Black demanded a personnel committee hearing, a County Board organization carrying out the personnel functions and policies of the Board, pursuant to the county personnel policy manual. The manual provides for employee termination for “just cause.” The personnel committee appointed a referee to conduct a hearing. Following four days of hearings, the referee found (a) Black’s trial skills were below average in examining witnesses and introducing evidence, (b) trial skills are essential to the position, (c) the county attorney was not acting in retaliation, in bad faith, and was not abusive, dishonest or fraudulent, but concluded the lack of trial skills were correctable and just cause did not exist to discharge her. The referee noted she did not receive day-to-day supervision, was never observed in court by the county attorney after her first 30 days of employment, and the probationary period was not used to determine her fitness.

The personnel committee discussed the referee’s recommendations, disagreed that Black’s deficient trial skills were insufficient grounds to terminate employment, and recommended to the county board the termination be upheld and determined Black was an “at will” employee who could be fired without cause, rejecting the referee’s contrary determination on this issue. The county board accepted the personnel committee’s recommendation and voted to uphold the termination. Black seeks vacation of the board’s decision and reimbursement for attorney’s fees and costs.

ISSUES

1. Was Black an at-will employee under Minn.Stat. § 388.10?

2. Is there substantial evidence to support a determination of just cause and termination?

ANALYSIS

1. Respondents initially contend Black was employed at-will and was removable with or without cause. Minn.Stat. § 388.10 (1984) states:

The county attorney of any county in this state * * * is hereby authorized to appoint, with the consent of the county board of the county, one or more attorneys to assist him in the performance of his duties. Each assistant shall have the same duties and be subject to the same liabilities as the county attorney and hold office during the pleasure of the county attorney.

Id. (emphasis added). Serving at the “pleasure” of the county attorney is synonymous with removal at the pleasure of the county attorney. See State ex rel. Stubben v. Board of County Commissioners of Hennepin County, 273 Minn. 361, 368, 141 N.W.2d 499, 504 (1966).

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Related

Rutherford v. County of Kandiyohi
449 N.W.2d 457 (Court of Appeals of Minnesota, 1989)

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Bluebook (online)
374 N.W.2d 754, 1985 Minn. App. LEXIS 4558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-administrative-appeal-of-the-termination-of-employment-minnctapp-1985.