Indiana State Personnel Board v. Parkman

233 N.E.2d 798, 142 Ind. App. 255, 1968 Ind. App. LEXIS 555
CourtIndiana Court of Appeals
DecidedFebruary 19, 1968
DocketNo. 20,675
StatusPublished
Cited by5 cases

This text of 233 N.E.2d 798 (Indiana State Personnel Board v. Parkman) 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
Indiana State Personnel Board v. Parkman, 233 N.E.2d 798, 142 Ind. App. 255, 1968 Ind. App. LEXIS 555 (Ind. Ct. App. 1968).

Opinions

Pfaff, J.

The appellee, Ira Parkman, was employed by the Indiana State Prison as Hospital Administrator. On April 10, 1964, the appellee was advised by the State Personnel Division of the Department of Administration of the State of Indiana, that he was suspended for thirty days and at the end of said period of time his employment would be terminated. The appellee was further advised in said notice that he could appeal to the Indiana State Personnel Board pursuant to the Acts of 1941, ch. 139, § 36, p. 387, § 60-1336, Burns’ 1961 Replacement. This the appellee did, and the Indiana State Personnel Board sustained the action of the director. Thereupon, the appellee, pursuant to the provisions of the Acts of 1941, ch. 180, § 2, p. 550, § 60-1350, Burns’ 1961 Replacement, sought judicial review in the Marion Superior Court No. 1. The appellant, on July 6, 1965, filed its motion to dismiss, which motion alleged:

“1. The Appellant (plaintiff) has not followed the statutory procedure to give this Court jurisdiction in this case.
“2. The Appellant (plaintiff) has failed to give this Court jurisdiction by securing a certified copy of the transcript of the proceedings before the administrative agency within fifteen (15) days of filing the appeal.
“3. The Appellant (plaintiff) specifically requests a trial de novo and this Court has no jurisdiction to determine said cause de novo.
“4. The Appellant (plaintiff) has failed to give this Court jurisdiction in that he has not filed this appeal in the county of his residence or the county in which the dismissal order [258]*258or determination is to be carried out and enforced as required by law.
“5. The Appellant (plaintiff) has failed to properly commence this action by serving his petition on the Attorney General of the State of Indiana.”

The foregoing motion was overruled by the trial court on December 12, 1965.

Thereafter, the appellant filed in the Supreme Court of Indiana its petition for writ of prohibition, which petition was based on the actions of the trial court in overruling the appellant’s motion to dismiss. The petition for writ of prohibition was denied by our Supreme Court. The appellant filed in the trial court its demurrer, which was overruled. On April 6, 1966, the appellant filed its transcript of hearing before the Indiana State Personnel Board to which the appellee objected, and the trial court struck said transcript from the record.

Thereupon, the trial court held a trial de novo and on August 5, 1966, entered its Special Findings of Facts and Conclusions of Law which reads as follows:

“1. That Ira Parkman was employed as Hospital Administrator at the Indiana State Prison, Michigan City, Indiana from the 15th day of October, 1958, to the 10th day of April 1964, on which date he was suspended.
“2. That on April 10, 1964, while Ira Parkman was employed as Hospital Administrator at the Indiana State Prison, he received a salary of $550.00 each month and in addition thereto he was entitled to sick leave, vacation period, and over time.
“3. That during the period of his employment as Hospital Administrator there were a number of doctors employed as Medical Directors, that is, seven in number, including Doctor Frank J. M.cGue, and various other doctors who stay at the Indiana State Prison as Medical Director was of a limited duration; that among the doctors acting as Medical Director one was Doctor Elsie K. Bell who was employed as such Medical Director from about August 1963 until March, 1966.
[259]*259“4. That Ira Parkman as such Hospital Administrator of the Indiana State Prison had a responsibility of keeping complete and accurate records for the handling of all drugs and hospitals at the hospital of the Indiana State Prison.
“5. That prior to December 4, 1961 all narcotics were shipped by the supplier directly to the Clerk of the Indiana State Prison, and that the Clerk kept a record of the narcotics received and issued; that after December 4, 1961, all barbiturates and narcotics were shipped by the supplier to the Clerk of the Indiana State Prison and the Clerk kept and maintained a record of all barbiturates and narcotics so shipped to the Indiana State Prison.
“6. That said barbiturates and narcotics were withdrawn from the office of the Clerk, also know as the Business Administrator, only on a receipt signed by Ira Parkman or the then current Medical Director.
“7. That on or about December 4, 1961 the Warden of the Indiana State Prison in conjunction with Doctor Frank J. McGue introduced and established the so-called “Pouch System.”
“8. That the “Pouch System” required that the Hospital Administrator or the then Medical Director receipt for all barbiturates and narcotics issued by the office of the Clerk or Business Administrator, and that said system required that such barbiturates and narcotics were dispensed only by the Pouch Officer on prescription duly signed by the Medical Director of the Indiana State Prison.
“9. That the “Pouch System” was an accurate and adequate safe-guard against illegal or unauthorized distribution of barbiturates and narcotics in the Prison Hospital.
“10. That the control and distribution of barbiturates and narcotics and the records pertaining thereto were examined by the Bureau of Narcotics of the Treasury Department of the United States government and found to be in order throughout the entire term of employment of Ira Parkman.
“11. That the drug records were accurately and carefully maintained and reflected a true inventory of all drugs, including barbiturates and narcotics, dispensed at the Indiana State Prison.
“12. That the dispensing of all drugs, barbiturates, and narcotics was kept under control and was. carefully and prudently handled.
“18. That there was no shortage or loss of such drugs and no discrepancies in the drug records of Ira Parkman.
[260]*260“14. That Ira Parkman maintained and installed an accurate system for safe-guarding the distribution of all medication and dispensing of night medication to “outpatients” and that said Ira Parkman properly supervised the activities of the Pharmacy at the Indiana State Prison.
“15. That said Ira Parkman as Hospital Administrator directed and supervised the preparation of emergency requisitions for pharmaceuticals, oxygen, etc., and directed preparation of quarterly requisitions for all drugs, pharmaceuticals, hospital and surgical supplies, which entailed projection and forecasting techniques, trends, and seasonal variations, all within budgetary limitations; that Ira Parkman received, checked, reported, stored, and safe-guarded all medicines and supplies issued same as needed, and was responsible for physical and inventory control of the same.
“16. That said Ira Parkman as Hospital Administrator did satisfactorily fulfill all the duties and responsibilities of a Hospital Administrator.
“17.

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Related

Lashley v. Centerville-Abington Community Schools
293 N.E.2d 519 (Indiana Court of Appeals, 1973)
Indiana State Personnel Board v. Parkman
245 N.E.2d 153 (Indiana Supreme Court, 1969)
Indiana State Personnel Board v. Parkman
233 N.E.2d 798 (Indiana Court of Appeals, 1968)

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Bluebook (online)
233 N.E.2d 798, 142 Ind. App. 255, 1968 Ind. App. LEXIS 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/indiana-state-personnel-board-v-parkman-indctapp-1968.