Roberts v. County of Allen

773 N.E.2d 850, 2002 Ind. App. LEXIS 1338, 2002 WL 1902667
CourtIndiana Court of Appeals
DecidedAugust 20, 2002
Docket92A04-0201-CV-26
StatusPublished
Cited by7 cases

This text of 773 N.E.2d 850 (Roberts v. County of Allen) 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
Roberts v. County of Allen, 773 N.E.2d 850, 2002 Ind. App. LEXIS 1338, 2002 WL 1902667 (Ind. Ct. App. 2002).

Opinions

OPINION

SULLIVAN, Judge.

Edward Roberts appeals following the trial court’s decision upholding the Allen County Sheriffs Merit Board’s (“the Board”) action to dismiss Roberts from employment with the Allen County Sheriffs Department. He presents two issues for our review: whether the decision of the Board was arbitrary and capricious, and whether he was properly assessed costs.

We reverse.

A review of the decision of the Board and the minutes from the Board meetings, at which the disciplinary action against Roberts was discussed, reveal that Roberts was charged with Operating a Vehicle While Intoxicated and for committing acts of misconduct pertaining to a female who was under the jurisdiction of the Allen County Superior Drug Court. A hearing to afford Roberts the process which is required by Ind. Code § 36-8-10-11 (Burns Code Ed. Repl.1995) was scheduled for the morning of March 29, 2001. Roberts, however, did not attend the hearing, but rather, had phoned his attorney and left a message that he was not feeling well and asked for a continuance. His attorney, Patrick Arata, informed the Board of his client’s illness, but stated that he had not been able to get in touch with Roberts that morning and did not know from what Roberts was suffering. Mr. Arata then asked for a continuance. The Sheriffs attorney, Mr. Feighner, opposed any continuance and requested that the hearing be conducted in Roberts’ absence. Mr. Arata then asked for a continuance with the understanding that if Roberts did not provide sufficient medical proof explaining his absence, the Board could then enter a default judgment against his client. Mr. Arata also agreed to stipulate to the evidence that the State sought to admit.

In response to Mr. Arata’s suggestion that a default judgment be entered if Roberts could not provide sufficient medical proof of his illness, Mr. Feighner stated that a “doctors’ [sic] slip or some sort of lame excuse is not going to carry the day.” Appendix at 37. Rather, the Sheriff wanted real medical evidence and reserved the right to have the doctor who treated Roberts testify before the Board if the Sheriff had questions about Roberts’ reason for missing the hearing. Upon questioning by Ms. Mary Barksdale, a member of the Board, regarding the right to call the doctor to testify, Mr. Feighner anticipated that there may be a controversy about whether Roberts was sick and stated that “a doctors [sic] slip could mean a lot of things.” App. at 38. Following the discussion, a motion was made by Mr. Donald Swanson stating that if Roberts failed to “show very compelling proof that he was physically unable to come here because of medical disability, that he would then be defaulted and that he would be terminat[853]*853ed.” App. at 39. The motion was unanimously passed by the Board.

The Allen County Sheriff then sent a letter to Roberts requiring that he submit, by 8:00 a.m. on April 6, proof that he was physically unable to attend the hearing held on March 29. The Board scheduled a second hearing for April 11 to resolve the issue of whether Roberts had a valid medical reason for missing the first scheduled hearing.

Mr. Arata was on vacation during the time period that Roberts was authorized to provide medical proof of his physical inability to attend the first hearing. However, while Mr. Arata was on vacation, Roberts provided a medical report to the Sheriff showing that he received treatment for a migraine headache on March 31, 2001, at approximately 8:00 p.m.

At the April 11 hearing, Mr. Arata objected to the hearing upon the grounds that he had not been able to discuss the sufficiency of the medical report with Roberts, had not had the opportunity to talk with the treating physician, and that he understood that the Sheriff would question the doctor if the proof provided by Roberts was insufficient. Mr. Arata then offered as evidence the Mayo Clinic Family Health book for the Board’s review of the symptoms and effects of a migraine headache. Roberts was also given the opportunity to answer the questions of the Board members regarding his headaches and circumstances relating to his condition on March 29. Following that discussion, the Board then voted to hold an Executive Session at a later date to discuss the sufficiency of Roberts’ medical proof. The Executive Session was held after giving public notice, and on April 20, 2001, the Board held a public meeting to announce the results of the Executive Session. The Board announced that they unanimously agreed that the medical proof was insufficient and entered a default .judgment against Roberts. The Board ordered that Roberts be discharged for just cause.

Appellate review of an administrative decision is limited. Bird v. County of Allen, 639 N.E.2d 320, 327 (Ind.Ct.App.1994). We give deference to the expertise of the administrative body and will not reverse its discretionary decisions without a showing that the decision was arbitrary and capricious, an abuse of discretion, or otherwise not in accordance .with the law. Id. We limit our review to determining whether the administrative body adhered to proper legal procedure and made a finding based upon substantial evidence in accordance with appropriate constitutional and statutory provisions. Id. We do not substitute our judgment for that of the administrative body and will not modify a penalty imposed in a disciplinary action unless there is a showing that such action was arbitrary and capricious. Id. at 327-28.

A decision is arbitrary and capricious when it is made without any consideration of the facts and in total disregard of the circumstances and lacks any basis which might lead a reasonable and honest person to make the same decision. Id. at 328. The burden of proving that a decision is arbitrary and capricious rests with the challenging party. Id. Substantial evidence is such relevant evidence which a reasonable mind might accept as adequate to support the conclusion. Id. Upon review, we do not reweigh the evidence. Id.

Procedural safeguards should be at the highest level workable under the circumstances in proceedings before administrative bodies. City of Mitchell v. Graves, 612 N.E.2d 149, 152 (Ind.Ct.App.1993). We take cognizance of the practicalities and peculiarities of each particular case in determining whether constitu[854]*854tional requirements of due process have been met. Id.

Roberts challenges the Board’s decision as arbitrary and capricious upon two grounds. Specifically, he contends that the Board ignored the 'Sheriffs statement from the March 29th hearing that he would bring the doctor in and question him if there were any questions about the sufficiency of Roberts’ medical explanation. He also asserts that the amount of time allotted for him to provide sufficient medical proof was insufficient for his attorney to prepare for the hearing on April 11.

While an administrative body is generally given deference in discretionary matters, we cannot agree with the decision to enter a default judgment against Roberts under the facts presented to the Board.

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Roberts v. County of Allen
773 N.E.2d 850 (Indiana Court of Appeals, 2002)

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Bluebook (online)
773 N.E.2d 850, 2002 Ind. App. LEXIS 1338, 2002 WL 1902667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-county-of-allen-indctapp-2002.