Skelly v. Criminal Justice Training Commission

135 Wash. App. 340
CourtCourt of Appeals of Washington
DecidedOctober 3, 2006
DocketNo. 34171-9-II
StatusPublished
Cited by2 cases

This text of 135 Wash. App. 340 (Skelly v. Criminal Justice Training Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Skelly v. Criminal Justice Training Commission, 135 Wash. App. 340 (Wash. Ct. App. 2006).

Opinion

Armstrong, J.

¶1 The Criminal Justice Training Commission (Commission) terminated Kevin Skelly, one of its managers. After the Personnel Appeals Board (Board) affirmed the termination, Skelly appealed to the superior court, which reversed and ordered Skelly reinstated. The Commission appeals, arguing that the trial court applied an incorrect legal standard in reviewing the Board’s decision. We agree, and because there is no evidence the Board acted arbitrarily and capriciously, we reverse.

FACTS

¶2 Michael Parsons, the Commission’s executive director and appointing authority, hired Kevin Skelly as a human resource manager. As human resource manager, Skelly was responsible for the Commission’s human resource activities, including personnel, administrative policies, and training employees. Parsons knew that Skelly had not worked as a state employee before, but Skelly agreed to attain a good working knowledge of the state’s personnel practices and the Commission’s policies and procedures.

¶3 A job performance evaluation showed that Skelly performed satisfactorily during his first year. Shortly after that evaluation, however, Parsons issued Skelly a letter of reprimand for his inappropriate comments regarding an employee’s Department of Labor and Industries claim form. Parsons [343]*343cautioned Skelly that similar behavior in the future would result in disciplinary action. Within a month of issuing the reprimand, Parsons received several complaints about Skelly. Parsons believed that the allegations warranted an investigation.

¶4 The investigation results convinced Parsons that Skelly had neglected his duty and abused his authority as human resource manager. Parsons found that Skelly had impeded the staff’s performance and had created a negative, hostile, and adversarial work environment for his subordinates and co-workers. Parsons determined that Skelly also willfully violated published Commission and Department of Personnel rules and regulations. He found Skelly insubordinate in contacting a potential witness to the investigation despite Parsons’s directive that he refrain from speaking with potential witnesses. Finally, Parsons determined that Skelly was not a positive role model and that he failed to understand how his behavior was inappropriate. After considering Skelly’s performance and the investigation results, Parsons terminated Skelly.

¶5 Skelly appealed to the Board. The Board heard Skelly’s appeal and issued findings of fact, conclusions of law, and an order upholding Skelly’s dismissal. The Board concluded that Skelly inappropriately and unprofessionally dealt with Commission personnel. The Board also found that Skelly had violated Commission and Department of Personnel policies and procedures and that he had willfully disobeyed Parsons’s directive to refrain from contacting any potential witness to the agency’s investigation. The Board concluded that Parsons was justified in terminating Skelly.

¶6 Skelly appealed to the Thurston County Superior Court, which ruled that there were no “extreme circumstances to require . . . termination.” Clerk’s Papers (CP) at 80. The trial court explained that the Commission should have counseled Skelly about his problems and given him “another opportunity to correct those [problems].” CP at 80. Accordingly, the trial court reversed the Board’s decision, [344]*344reinstated Skelly to Commission human resource manager, and ordered him to serve a 15-day suspension.

ANALYSIS

I. Standard of Review

¶7 We review a Board decision de novo on the record made at the Board level. Dedman v. Pers. Appeals Bd., 98 Wn. App. 471, 476, 989 P.2d 1214 (1999) (citing Adams v. Dep’t of Soc. & Health Servs., 38 Wn. App. 13, 14, 683 P.2d 1133 (1984)); Nelson v. Dep’t of Corn, 63 Wn. App. 113, 115, 816 P.2d 768 (1991) (citing former RCW 41.64.130 (1981)). We will uphold a Board factual finding if substantial evidence supports it. Ballinger v. Dep’t of Soc. & Health Servs., 104 Wn.2d 323, 328, 705 P.2d 249 (1985) (citing Gogerty v. Dep’t of Insts., 71 Wn.2d 1, 8-9, 426 P.2d 476 (1967)). We treat unchallenged administrative factual findings as verities on appeal. Lawter v. Employment Sec. Dep’t, 73 Wn. App. 327, 332-33, 869 P.2d 102 (1994) (citing Ass’n of Capitol Powerhouse Eng’rs v. State, 89 Wn.2d 177, 183, 570 P.2d 1042 (1977)).

¶8 We review asserted errors of law de novo, giving substantial weight to the Commission’s view of the law. Dedman, 98 Wn. App. at 477 (quoting Sullivan v. Dep’t of Transp., 71 Wn. App. 317, 321, 858 P.2d 283 (1993)). In reviewing mixed questions of fact and law, we determine the applicable law independently from the agency’s decision and apply the law to the agency’s factual findings. Franklin County Sheriff’s Office v. Sellers, 97 Wn.2d 317, 330, 646 2d 113 (1982).

II. Skelly’s Personnel Appeals Board Appeal

¶9 The Board denied Skelly’s appeal, ruling that “[w]hen viewing the totality of the proven charges, especially [Skelly’s] ineffective and substandard performance as the agency’s top Human Resource professional, termination was not too severe.” Administrative R. (AR) at 16. Employees

[345]*345may appeal Board decisions that are: (1) founded on an error of law, (2) contrary to a preponderance of the evidence,1 (3) materially affected by unlawful procedure, (4) based upon a constitutional violation, or (5) arbitrary and capricious. Former RCW 41.64.130(l)(a)-(e) (1981); Dedman, 98 Wn. App. at 476.

¶10 Skelly does not assign error to any of the Board’s factual findings. Accordingly, we treat those findings as verities. Lawter, 73 Wn. App. at 332-33 (citing Ass’n of Capitol Powerhouse Eng’rs, 89 Wn.2d at 183). Skelly argues that the trial court correctly reversed the Board’s ruling because the Board based its ruling on an error of law and also acted arbitrarily and capriciously. See former RCW 41.64.130(l)(a), (e).

1. Error of Law

¶11 Skelly argues that the Board ignored RCW 41.06.176 in reaching its decision.

¶12 RCW

Related

Donahue v. CENTRAL WASHINGTON UNIVERSITY
163 P.3d 801 (Court of Appeals of Washington, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
135 Wash. App. 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skelly-v-criminal-justice-training-commission-washctapp-2006.