State ex rel. Trautman v. City of Farmington

799 S.W.2d 638, 1990 Mo. App. LEXIS 1711, 1990 WL 181876
CourtMissouri Court of Appeals
DecidedNovember 27, 1990
DocketNo. 57445
StatusPublished
Cited by4 cases

This text of 799 S.W.2d 638 (State ex rel. Trautman v. City of Farmington) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Trautman v. City of Farmington, 799 S.W.2d 638, 1990 Mo. App. LEXIS 1711, 1990 WL 181876 (Mo. Ct. App. 1990).

Opinion

GRIMM, Judge.

Plaintiff Roland Trautman appeals the trial court’s judgment affirming the decision of the Farmington City Council terminating his employment as police chief. He was terminated for violating provisions of the Farmington Municipal Code and the Police Personnel Manual which restrict the political involvement of police personnel.

Plaintiff raises five points on appeal; however, these can be consolidated into three allegations of error. First, he claims the City Council’s decision was unsupported by substantial evidence and was arbitrary and capricious. We disagree; the City Council’s action was supported by substantial evidence and, thus, was not arbitrary and capricious.

Second, plaintiff claims the “ordinance and regulations allegedly violated are unconstitutionally vague, uncertain and over-broad and have been unconstitutionally applied.” We disagree; the restrictions are narrowly drawn and were constitutionally applied.

Third, plaintiff claims the Council did not submit conclusions of law as required by § 536.090 RSMo., and the Council’s Order is “arbitrary, capricious and unreasonable because it does not specify separate discipline for each charge.” We disagree; the conclusions of law are sufficient to reveal the basis for the Council’s decision.

I. Background

On June 28, 1988, plaintiff received a “Notice of Proposed Personnel Action.” In this letter, plaintiff was charged with violating five sections of the Farmington Municipal Code and Police Personnel Manual.

The following day, plaintiff submitted a written response to the charges. He acknowledged doing certain acts, but denied the acts constituted a violation of the Code or Manual. On July 1, 1988, the Mayor requested plaintiff’s resignation. Plaintiff did not resign, so the Mayor recommended to the Council that plaintiff be terminated from his position.

Plaintiff requested a public hearing, which was held on August 18 and September 8, 1988, by the Police Personnel Board. Following the hearing, the Board issued findings of fact and conclusions of law. The Board was unable to reach a consensus as to whether certain actions violated three sections of the Code and Manual; it did find plaintiff violated two sections of the Manual.

The two sections were § 10.10(a)(1)(b) and 10.10(b). Section 10.10(a)(1)(b) prohibits a department member, while on duty and in uniform, from expressing his opinion on political candidates. Section 10.10(b) prohibits a department member from using his official authority, position, or influence for the purpose of affecting the result of an election. The Board recommended plaintiff be suspended without pay for thirty days.

On October 17,' 1988, the Council “met and reviewed the transcripts and the Police Personnel Board’s Findings of Fact, Conclusions of Law and Recommendation.” The Council found plaintiff had violated five sections of the Code and Manual; it voted 6-2 to terminate his employment.

II. Substantial Evidence

In his first point on appeal, plaintiff contends the Council’s decision was not supported by substantial evidence and was arbitrary and capricious. The evidence adduced at the administrative hearing, considered in the light most favorable to the administrative agency, Edmonds v. McNeal, 596 S.W.2d 403, 406 (Mo. banc 1980), supports the following factual statement.

In 1986, law enforcement agencies raided a farm belonging to the Lewis family and uncovered an extensive marijuana growing operation. Charges filed by the prosecuting attorney against the Lewises were ultimately dropped, but the incident remained newsworthy.

In the early spring of 1988, the Lewises contacted Vernon Nelson. Nelson was a candidate for Sheriff of St. Francois County in the August primary election; his op[641]*641ponent was the sheriff, Kenneth Buckley. Nelson contacted plaintiff and asked him to help organize a press conference so the Lewises could tell their side of “the story.”

In early April, 1988, plaintiff contacted a local newspaper reporter, Candy Burns, and asked if she was “interested in meeting with those involved.” She indicated she was. Plaintiff told her “he would get back to [her] when it was confirmed....”

Reporter Burns called plaintiff at least twice “asking if he had set it up yet....” Finally, on June 2, at a local tavern, Reporter Burns again asked plaintiff if he had set up the press conference. Plaintiff replied “We’re going to hold off ... until closer to election time.”

On June 8, Plaintiff contacted reporter Burns and asked her to arrange a time to meet. She chose Friday morning, June 10, at 9:30. Plaintiff contacted another reporter, Mike Paluek, and arranged to meet them both at a local restaurant.

On the morning of June 10, Candidate Nelson met plaintiff at plaintiffs police department office. The two men then met the reporters at the restaurant; they all traveled to the Lewis farm in plaintiff’s unmarked police car.

The meeting at the Lewis farm lasted IV2 to 2 hours. During the interview, Mr. and Mrs. Lewis and their son made numerous allegations against Sheriff Buckley. These charges included statements that they had paid the Sheriff $2,000 a month for about 2 and lk years for a “permit” to grow marijuana. The Lewises also said they were speaking out “to get an honest Sheriff in there....” Both Candidate Nelson and plaintiff participated in the interview; mostly, they responded to questions by the Lewises or clarified certain statements.

Subsequently, reports of the interview were printed in a Farmington newspaper, The Daily Journal, and in the St. Louis Post-Dispatch. These stories “had a political context_” Although Candidate Nelson and plaintiff had asked the reporters not to mention their names, the reports disclosed they were present at the interview.

At the hearing, a City Councilman testified he had seen tickets to a fund raising dinner for Candidate Nelson on plaintiff’s desk. When the Councilman asked plaintiff about the tickets, plaintiff replied “that he was supporting [Candidate] Nelson in his campaign and that’s why he had the tickets and he planned to go to the dinner and to do all he could to get him elected.”

A Farmington police officer also testified. He stated plaintiff gave him two tickets to Candidate Nelson’s fund-raising dinner. The Councilman testified he had also seen these tickets on the police officer’s desk.

Our review is limited to determining whether the Council’s action is supported by “substantial and competent evidence upon the whole record.” Edmonds, 596 S.W.2d at 407. The determination of the witnesses’ credibility is the function of the administrative tribunal. Id. at 408. The fact that the record also contains evidence in conflict with the finding of the Council is not grounds for reversal on appeal. Id.

The Council found plaintiff violated five provisions of the Code and Manual. First, it found plaintiff violated Code § 21-29, which prohibits police officers and the chief of police from taking “an active part in a political campaign....” The record contains substantial evidence to show plaintiff took an “active part” in Candidate Nelson’s campaign.

It is undisputed that plaintiff arranged for the reporters to attend the Lewis news conference.

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Bluebook (online)
799 S.W.2d 638, 1990 Mo. App. LEXIS 1711, 1990 WL 181876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-trautman-v-city-of-farmington-moctapp-1990.