Mississippi Department of Corrections v. Corley

769 So. 2d 866, 16 I.E.R. Cas. (BNA) 1597, 2000 Miss. App. LEXIS 478, 2000 WL 1578485
CourtCourt of Appeals of Mississippi
DecidedOctober 24, 2000
DocketNo. 1999-CC-00261-COA
StatusPublished
Cited by1 cases

This text of 769 So. 2d 866 (Mississippi Department of Corrections v. Corley) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mississippi Department of Corrections v. Corley, 769 So. 2d 866, 16 I.E.R. Cas. (BNA) 1597, 2000 Miss. App. LEXIS 478, 2000 WL 1578485 (Mich. Ct. App. 2000).

Opinions

BRIDGES, J.,

for the Court: '

¶ 1. On July 29, 1997, William L. Corley, a lieutenant at the Central Mississippi Correctional Facility (CMCF), was suspended under extraordinary circumstances and given a notice of administrative review. The notice stated that he was charged with a Group III, Number 11 offense:

Acts of conduct occurring on or off the job which are plainly related to job performance and are of such nature that to continue the employee in the assigned position could constitute negligence in regard to the agency’s duties to the public or to other state employees.
Specifically, on July 29, 1997, during a random drug sample, you submitted a urine sample that smelled of bleach. Upon investigation by Margaret Bing-ham, Warden of Security, you admitted that you had smoked marijuana on Sunday, July 27,1997.

¶ 2. After the administrative review hearing, the agency hearing officer recommended to the superintendent that Corley be terminated. On November 24, 1997, a hearing was held before the Mississippi Employee Appeals Board (EAB). The hearing officer reinstated Corley to his position with all back pay and benefits.

¶ 3. The Mississippi Department of Corrections (MDOC) filed a request for review before the full board of the EAB. On June 30, 1998, the full board affirmed the hearing officer. The Hinds County Circuit Court on December 28, 1998, entered its order affirming the EAB.

¶4. Aggrieved, the issues the MDOC argues are as follows:

I. WHETHER THE CIRCUIT COURT AND THE EMPLOYEE APPEALS BOARD ERRED IN AFFIRMING THE HEARING OFFICER’S ARBITRARY AND CAPRICIOUS DECISION TO SET ASIDE MDOC’S TERMINATION OF EMPLOYEE AFTER EMPLOYEE ADMITTED TO DRUG USE?
II. WHETHER DUE TO CORLEY’S CONDUCT, HIS CONTINUED EMPLOYMENT WITH THE MDOC WOULD CONSTITUTE NEGLIGENCE ON PART OF THE AGENCY?

¶ 5. We find that the EAB’s decision to reinstate Corley was unsupported by any evidence; therefore, by definition it was arbitrary and capricious. We reverse and render.

FACTS

¶ 6. William L. Corley was hired May 1, 1996 as a Correctional Administrator I, as a sergeant, with the MDOC. Sometime in January or February of 1997 he was promoted to Correctional Administrator II. At the time of termination, Corley had achieved the rank of lieutenant and Assistant Unit Administrator at CMCF.

¶ 7. On April 18, 1997, Corley received a letter of suspension which contained an erroneous report that Corley had tested positive for cocaine use on a random drug test. Corley telephoned the testing company, and they told him that there had been a mistake and that he needed to contact his personnel department. He contacted the personnel department and the department confirmed that he had not tested positive for cocaine. Corley wrote his supervisors a letter. In this letter, Corley told his supervisors that even though the cocaine charge was a mistake, he did have problems with marijuana use and was going to go into treatment. On [868]*868May 1, 1997, Corley began a drug treatment program at Jackson Recovery Center. He successfully completed the intensive outpatient program, and he then was transferred to the after care program. Corley received a Certificate for Successful Completion.

¶ 8. In January of 1997, the MDOC instituted random employee drug testing for employees in security. This policy was amended in July 1997 to include all MDOC employees. The employees are randomly selected by computer once a month. The employees are then notified on the day of testing that they need to submit to a drug test.

¶ 9. On July 29, 1997, random drug testing occurred at CMCF. Warden Margaret Bingham, Warden of Security at CMCF, testified that the testing was going well until she received a telephone call from one of her captains. The captain notified Bingham that the registered nurse that was responsible for collecting the specimens had contacted him and stated that she had received a specimen that smelled of bleach. Bingham instructed the captairi'"-to bring the person that had provided the urine sample to her office. .Corley came to Bingham’s office with the captain. Corley asked Bingham, “do you want me to tell you the truth or what you want to hear?” She told him to tell the truth. He stated that he had painted his house and he used gasoline and bleach to clean the paint off his hands, therefore the reason for the urine smelling of bleach. However, after giving this explanation, he then admitted to smoking marijuana on July 27, 1997, two days earlier.

¶ 10. Based upon this admission, Bing-ham prepared a Suspension with Pay Notice and Notice of Administrative Review Hearing. David Fondren is the Administrative Hearing Officer for the MDOC. After the hearing, Fondren made a finding of fact and recommendation that Corley be terminated.

¶ 11. Corley appealed his termination to the EAB. At this hearing several witnesses testified as to the events that took place that day, and as to Corley’s past work record of being a good employee. Also admitted into evidence were the MDOC “Notice of Drug Testing Program” and the Drug-Free Workplace Act of 1988.

¶ 12. Fondren was called to testify for the MDOC. Fondren testified that the MDOC has a policy statement which prohibits employees from using or possessing controlled or illegal substances on or off of the work site. Fondren stated that the issue at Corley’s agency hearing was whether he had admitted to smoking marijuana. He stated that Corley admitted at his hearing that he had smoked marijuana. Fondren stated that Corley did not come forward prior to his selection for testing on July 29 and notify anybody that he had relapsed and smoked marijuana on July 27. Rather, Corley did not admit to his drug use until he had been directed to submit to a test, and the MDOC was forced to investigate whether he had tampered with the sample.

_¶ 13. After hearing all the evidence and considering the same, the EAB hearing officer in his brief opinion and order found that the MDOC had instituted the Drug-Free Workplace Act of 1988 and that “Respondent did not seek to allow the Appellant to obtain treatment as the policy requires prior to termination because he was in treatment.” Further “[t]he Respondent established the policy and it failed to follow the policy that would have allowed for the Appellant to seek treatment prior to his termination. He was never informed of any available options as it relates to the drug policy.” This decision was affirmed by the full EAB and the circuit court.

STANDARD OF REVIEW

¶ 14. “An agency’s conclusions must remain undisturbed unless the agency’s order 1) is not supported by substantial evidence, 2) is arbitrary or capricious, 3) is beyond the scope or power granted to the agency, or 4) violates one’s constitu[869]*869tional rights.” Routt v. Mississippi Employ. Sec. Comm’n, 753 So.2d 486 (¶ 5) (Miss.Ct.App.1999) (quoting Allen v. Mississippi Employ. Sec. Comm’n, 639 So.2d 904, 906 (Miss.1994)). “Should the record and proceedings below reflect a decision wholly unsupported by any credible evidence, we would regard that decision as contrary to law and ... subject to modification or reversal.” Mississippi Dept. of Wild Life Conservation v. Browning and the Mississippi Employ. Appeals Bd., 578 So.2d 667, 669 (Miss.1991) (quoting Gill v. Mississippi Dept. of Wildlife Conservation, 574 So.2d 586, 591 (Miss.1990)).

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769 So. 2d 866, 16 I.E.R. Cas. (BNA) 1597, 2000 Miss. App. LEXIS 478, 2000 WL 1578485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mississippi-department-of-corrections-v-corley-missctapp-2000.