Rainbolt v. State

550 N.W.2d 341, 250 Neb. 567, 1996 Neb. LEXIS 160
CourtNebraska Supreme Court
DecidedJuly 12, 1996
DocketS-94-805
StatusPublished
Cited by45 cases

This text of 550 N.W.2d 341 (Rainbolt v. State) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rainbolt v. State, 550 N.W.2d 341, 250 Neb. 567, 1996 Neb. LEXIS 160 (Neb. 1996).

Opinions

Lanphier, J.

John Rainbolt, appellee, was dismissed from his employment as a protective services worker by appellant the Nebraska Department of Social Services (DSS). DSS charged Rainbolt [568]*568with inefficiency, incompetence or neglect in the performance of a home evaluation, and failure to maintain a satisfactory working relationship with his supervisor concerning his custodial placement of a juvenile.

Subsequent to the termination of his employment, Rainbolt filed a grievance with the Nebraska State Personnel Board. A hearing officer recommended reinstatement. However, the State Personnel Board found that DSS had just cause to dismiss Rainbolt. Rainbolt filed a petition on appeal in Lancaster County District Court against DSS and the State of Nebraska for review of the decision of the State Personnel Board under the Administrative Procedure Act, specifically Neb. Rev. Stat. § 84-918 (Reissue 1994). The district court, following de novo review, found that DSS did not have just cause to dismiss Rainbolt and ordered Rainbolt reinstated with backpay. DSS and the State appealed to the Nebraska Court of Appeals. We removed the case to our docket pursuant to our power to regulate the caseloads of the lower courts. We affirm.

BACKGROUND

From September 1990 until March 1992, Rainbolt was employed by DSS as a protective services worker. In February and March 1992, employee disciplinary charges were brought against Rainbolt. The charges alleged inefficiency, incompetence or neglect in the performance of duties, and failure to maintain satisfactory working relationships. The charges were brought by Rainbolt’s supervisor, Patricia Squires, and arose out of problems surrounding a home evaluation performed by Rainbolt for child custody purposes and lapses in communication between Rainbolt and Squires concerning Rainbolt’s custodial placement of a juvenile.

As to the allegation concerning the home evaluation, Rainbolt completed his first home evaluation regarding the placement of juveniles from out of state on a form provided by DSS. After filling out the form, he attempted to turn it in to Squires. Squires was out of the office, and following her instructions, Rainbolt submitted the report to Squires’ superior. Squires’ superior signed the report. It later came .to [569]*569Squires’ attention that the subject of the home evaluation claimed the form contained inaccurate information.

The other allegations by DSS concerned events relating to the placement of a juvenile, which occurred amid the earlier disciplinary action brought by Squires against Rainbolt concerning the home evaluation. In January 1992, DSS was seeking appropriate placement for a juvenile who had been receiving in-patient treatment at a psychiatric hospital. Rainbolt was assigned the responsibility of placing the juvenile in a long-term group home. The group home had no room; thus Rainbolt was unable to make the desired placement. He then placed the juvenile in a short-term facility managed by the same organization as the group home. There are contradictions in the testimony, but it is clear that Squires, after several conversations with Rainbolt, was under the impression that the juvenile was in the long-term facility. Squires discovered that the juvenile had never been in the long-term facility when the juvenile ran away, the juvenile was found, and Squires attempted to get the juvenile “accepted back” into the long-term facility. Brief for appellant at 13.

After the investigation into the charges against Rainbolt, DSS dismissed him. Rainbolt filed a grievance of the decision with the State Personnel Board, and a hearing officer was appointed to the case. During the hearing, Squires’ superior testified that Rainbolt stated that he had misled Squires. The superior also testified that Rainbolt did not state that he had intentionally misled Squires. The hearing officer subsequently recommended reinstatement.

DSS appealed to the State Personnel Board, which upheld DSS’ termination decision, stating, “[We voted to] accept the factual findings of the Hearing Officer, but not to accept his recommendation of reinstatement and to agree with the agency as to [Rainbolt’s] termination from employment, as the official decision of the State Personnel Board.”

Rainbolt appealed to the district court, which found that (1) DSS did not have just cause to impose discipline with respect to the home evaluation incident, specifically stating, “If these matters were not so serious, the basis for Squire[s’] conclusions would be comical”; (2) DSS did have just cause to [570]*570impose discipline based upon the incident involving placement of the juvenile; and (3) dismissal from employment was too severe a sanction under the circumstances. The court stated:

While the hearing officer did conclude that the facts supported the contention of DSS that Rainbolt had intentionally misled Squires, this court, while not disagreeing entirely with this conclusion, does find that such conclusion certainly is a view more favorable to DSS than the testimony may warrant. However, the hearing officer concluded that the transgression by Rainbolt was not sufficiently serious to warrant discharge. This court agrees.
. . . Rainbolt was under substantial pressure to find a placement for the juvenile. Squires was out of the office on annual leave or at meetings at times critical to the placement. The placement at Freeway [the short-term facility] was not inappropriate and it is easy to see how the description of the various facilities could be confused, particularly in view of the lack of communications in the office. Specifically this court notes the following:
a. Although regularly scheduled meetings were set up between Rainbolt and Squires, Squires testified that they often times did not occur.
b. While Squires testified she had an “open door” policy with her employees, she also stated that she was aware that Rainbolt was hesitant to talk with her, yet she made no attempt to resolve the conflict with him and only minimal effort to keep the lines of communication open.
c. There was confusion over the use of the term “YSS” and whether it denoted the group home [the long-term facility], the Freeway home, or the umbrella organization that established the various homes. While there was testimony that “YSS” was only used to refer to the umbrella organization, Squires herself uses the term “YSS” to refer to the Freeway home during her testimony.
. . . While Rainbolt’s actions may warrant discipline, they do not warrant dismissal. There were other forms of discipline available to DSS that could have appropriately dealt with the situation. The labor contract between the [571]*571State and Rainbolt provides that “[t]he level of discipline imposed shall be based on the nature and severity of the infraction. The employer shall not discipline an employee without just cause, recognizing and considering progressive discipline. ” Rainbolt had not been disciplined previously and had received above average reviews for his performance.

ASSIGNMENTS OF ERROR

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Rainbolt v. State
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Bluebook (online)
550 N.W.2d 341, 250 Neb. 567, 1996 Neb. LEXIS 160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rainbolt-v-state-neb-1996.