Jones v. Kansas State University

81 P.3d 1243, 32 Kan. App. 2d 313, 20 I.E.R. Cas. (BNA) 1380, 2004 Kan. App. LEXIS 2
CourtCourt of Appeals of Kansas
DecidedJanuary 9, 2004
Docket90,475
StatusPublished
Cited by3 cases

This text of 81 P.3d 1243 (Jones v. Kansas State University) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Kansas State University, 81 P.3d 1243, 32 Kan. App. 2d 313, 20 I.E.R. Cas. (BNA) 1380, 2004 Kan. App. LEXIS 2 (kanctapp 2004).

Opinions

Greene, J.:

Gary F. Jones appeals from the district court’s order affirming the decision of the Civil Service Board (Board), which upheld the termination of Jones’ employment as a police officer with Kansas State University (KSU) for gross misconduct or conduct grossly unbecoming a state officer pursuant to K.S.A. 75-2949f(a). We reverse and order Jones’ reinstatement.

Factual and Procedural Overview

Gary F. Jones was employed as a police officer with the KSU Police Department (Department) since January 1997. On August 26, 2001, Jones stopped a vehicle driven by Gretchen Esping for speeding. At the time of the stop, Student Security Officer Pharaoh Guice also was in Jones’ police car.

Most of this stop was recorded by a video camera in Jones’ police vehicle. The tape reflects that Esping pulled her vehicle over approximately 6 feet from the curb, parallel to the curb but perpendicular to marked parking spaces. Jones approached and asked for Esping’s driver’s license and advised her she was going at least 32 in a 20 m.p.h. zone. Jones returned to his vehicle and ran a license check, which revealed that Esping’s license had been suspended earlier in 2001. Jones relayed that information to Esping, who claimed she was unaware that her license had been suspended. Jones advised her that he would have to write a citation and that [315]*315lie could not let her drive, but she could ask a friend to drive her car home for her. Esping became upset and began crying.

Jones returned to his vehicle and asked the dispatcher to doubleJ check the suspension. After the dispatcher confirmed the suspension, Jones advised Esping that he had reconfirmed the suspension and asked for her current address. Jones again returned to his car and wrote the traffic citation for driving with a suspended license. Esping initially refused to sign the citation, claiming she had never been told her license was suspended and she would not sign anything indicating she had driven on a suspended license. After Jones explained several times that signing a citation was not an admission of guilt, Esping finally signed and accepted the citation. Esping was still crying and upset, and she expressed concern for how she would get her perishable groceries to her nearby home, which was apparently located only 100 feet from the scene. Jones offered to drive her to her apartment and to put his card on her car, so it would not get towed. Jones then told Esping, “One second. I want to tell you something. One second.” Jones walked back to the police car and directed Guice to turn off the lights, which deactivated the in-car video camera. Nothing more of this stop was recorded.

Jones completed a report of the incident later that day. The report stated, in part:

“At this time I informed the suspect that her license was suspended, and that I would issue her a notice to appear (citation # 6638) and she would be released at the scene, tire suspect vehicle was legally parked at the time of the stop so the driver agreed to leave the vehicle where it was until she could have a friend drive her vehicle to her apartment building.”

Approximately 1 month later, the Department started an internal investigation into the events of August 26, 2001. The investigator reviewed the videotape and talked with various witnesses, including Jones, Esping, and Guice. Guice indicated that after Jones instructed him to turn off the camera, Jones returned to Esping5s car and spoke with her. In her statement, Esping stated that after the camera was turned off, Jones returned to her car and stated, “You give us two minutes to get out of here and then you go park your car in front of your apartment and don’t drive it again until this is cleared up.” The Esping citation was apparently dis[316]*316missed when it was determined that the purported license suspension was in error.

On December 13, 2001, Department Director Ronnie Grice sent a letter to Gary E. Leitnaker, KSU’s Director of the Division of Human Resources, requesting that Jones be terminated. The next day, Leitnaker issued a letter to Jones informing him the Department had requested he be dismissed for gross misconduct or conduct grossly unbecoming a state officer or employee. The reasons stated for the proposed dismissal were that Jones: “(1) submitted false information in a case report of the traffic stop; and (2) violated the in-car camera policy that states, ‘every traffic stop shall be recorded until the stop is terminated.’ ” The letter invited Jones to submit any information he wished the Director to consider. After Jones met with Leitnaker, Leitnaker issued a letter confirming the proposal to dismiss Jones and advising him of his right to appeal to the KSU Classified Employee Peer Review Committee (PRC).

After a hearing, the PRC issued a letter finding that Jones submitted false information in his report and also violated the in-car camera policy. Accordingly, the PRC concurred with the Department’s findings and supported the Department’s recommendation that Jones be dismissed. Based upon the PRC’s findings, Leitnaker dismissed Jones effective January 10,2002, “for the reason of gross misconduct or conduct grossly unbecoming a state officer or employee.” At this point, Jones was advised of his right to appeal to the Board.

At the conclusion of a hearing, the Board unanimously voted to uphold KSU’s decision to terminate Jones. In a subsequent written decision, the Board summarized the facts and then concluded that Jones’ conduct “constituted gross misconduct or conduct grossly unbecoming a state officer or employee.”

Jones filed a timely petition for judicial review in district court, alleging that the Board’s findings that he falsified his report and violated the Department’s in-car camera policy were not supported by substantial competent evidence and that the Board misinterpreted K.S.A. 75-2949f(a).

After briefing and oral argument, the district court affirmed the Board’s decision. In addressing the merits, the district court noted [317]*317the Board did not expressly find Jones violated the Department’s in-car camera policy. Rather, the district court reasoned that even if the policy was not violated, Jones was terminated because of a question of trust. The court also noted there was evidence to support a finding that Jones included false information in his report of the incident with respect to whether Esping’s car was legally parked. The court found this finding was relevant in determining the reasonableness of Jones’ termination. Finally, the court concluded the Board applied the correct standard in determining Jones’ termination was reasonable and there was sufficient evidence to support the Board’s decision.

Jones appeals.

Standard of Review

The review of the decision of the Board is controlled by the Kansas Act for Judicial Review and Civil Enforcement of Agency Actions (KJRA), K.S.A. 77-601 et seq. Kansas Dept. of Transportation v. Humphreys, 266 Kan. 179, 181, 967 P.2d 759 (1998).

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Related

Jones v. Kansas State University
106 P.3d 10 (Supreme Court of Kansas, 2005)
Jones v. Kansas State University
81 P.3d 1243 (Court of Appeals of Kansas, 2004)

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Bluebook (online)
81 P.3d 1243, 32 Kan. App. 2d 313, 20 I.E.R. Cas. (BNA) 1380, 2004 Kan. App. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-kansas-state-university-kanctapp-2004.