West v. Employment Appeal Board, Department of Inspections & Appeals

489 N.W.2d 731, 1992 Iowa Sup. LEXIS 349, 1992 WL 235213
CourtSupreme Court of Iowa
DecidedSeptember 23, 1992
Docket91-1228
StatusPublished
Cited by1 cases

This text of 489 N.W.2d 731 (West v. Employment Appeal Board, Department of Inspections & Appeals) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
West v. Employment Appeal Board, Department of Inspections & Appeals, 489 N.W.2d 731, 1992 Iowa Sup. LEXIS 349, 1992 WL 235213 (iowa 1992).

Opinion

LAVORATO, Justice.

In this judicial review proceeding involving unemployment benefits, the agency denied the claimant benefits. The agency denied benefits because it found that the employer had discharged the claimant for misconduct based on the claimant’s alleged refusal to answer the employer’s questions. On our review, we find no support for this finding. For this reason, we reverse the district court’s decision that affirmed the agency’s action denying benefits.

In addition, we reverse the district court’s taxation of court costs to the claimant. We tax those costs of appeal relating to portions of the appendix we find excessive to the claimant. All other costs on appeal are taxed to the agency and the employer.

Don N. West, the claimant, was under contract to the Buffalo Center Community School District as a school superintendent for one year beginning July 1, 1989. In January 1990, the school district’s board held two meetings regarding West’s continued tenure with the school district. At the first meeting, the board evaluated West and found his performance unsatisfactory.

At the second meeting on January 10, the board gave West a chance to go into executive session before the board questioned him about his conduct in office. West refused, insisting that the board ask its questions — thirty-eight in all — in an open meeting before a large entourage of interested citizens.

The board then attempted to question West, but he refused to answer any of the inquiries, stating that “[he] would answer them at a hearing or a court of law.”

At the close of the meeting, the board voted to consider terminating West’s contract. See Iowa Code § 279.24 (1989) (According to Iowa Code section 279.24, West’s contract would automatically be extended for one year beyond the contract’s terms unless terminated as provided in section 279.24.). He was notified of this at the end of January. Pursuant to section 279.-24, West had a hearing before an administrative law judge (ALJ) in March 1990. After a six-day hearing — during which West responded to questioning — the ALJ determined that West could be dismissed after his contract expired on June 30, 1990.

On April 30, 1990, the board voted to dismiss West, effective June 30, 1990. West’s duties were transferred to the school principal on May 15, 1990.

In a separate proceeding, West immediately applied for unemployment benefits under Iowa Code chapter 96. In the claim form for unemployment benefits, four choices related to separation are listed: (1) “laid off for lack of work,” (2) “quit,” (3) “discharged,” and (4) “labor dispute.” West chose number (3): “discharged.”

The board president, on behalf of the school district, protested West’s claim for unemployment benefits on the ground that West “was discharged [on 5/15/90] for misconduct in connection with work.” In its protest, the school district gave a number of reasons for West’s “discharge.” All of these reasons centered on his past unsatisfactory performance. No mention was made about West’s refusal to answer the board’s thirty-eight questions at the second meeting the previous January.

In a terse decision, the claims representative found that the school district had failed to furnish sufficient evidence of misconduct. For this reason, the representative imposed no permanent disqualification on West regarding benefits.

The school district appealed and asked for an evidentiary hearing. The hearing was by telephone before a separate ALJ in the unemployment benefit proceeding. The school district had the opportunity to expand upon the facts alleged in its protest to the claims representative. The board president testified at length. His testimony was a consistent expansion of his statements in the school district’s protest of *733 West’s claim. All of these statements centered on West’s alleged unsatisfactory performance. But none included West’s refusal to answer the board’s thirty-eight questions in the prior January 10 meeting.

The inquiry about this refusal came from the AU in this exchange:

AU: Were you at the meeting on January 10th of this year? WEST: Yes.
AU: And did you, at that time, refuse to answer the 38 questions we’ve heard about? WEST: I said that I would answer them at a hearing.
AU: What — hang on. Well, did you have an opportunity at that meeting to answer those 38 questions? WEST: Oh, it was a very — did I have an opportunity?
AU: Yes. WEST: I — they asked me if I wanted to respond, yes.
AU: And did you refuse? WEST: Yes, I did.
AU: All right. And what else did you say as far as when you would answer those questions? WEST: I said I would answer those at a hearing or a court of law.
AU: And what was the purpose of that? WEST: There was about a hundred and some citizens there. The questions were framed in such a way as to make the question, if you answered it, made you think that you were guilty by the way [they] asked the question—
AU: Is it true — WEST: And I did not think that was proper.
AU: Is it true you had the chance to go into an executive private session? WEST: Yes.
AU: And did you refuse that? WEST: Yes.
AU: Well, why didn’t you go into the private session and answer them in private? WEST: Because they, in my opinion, had their mind already made up when they asked me to resign on November 28, and then did an evaluation in January.

The AU reversed the claims representative’s decision, finding that West had been discharged for a specific instance of misconduct: his refusal to answer the thirty-eight questions propounded by the school district’s board on January 10, 1990. The employment appeal board affirmed the AU’s proposed agency decision following West’s appeal to it. West’s petition for rehearing was denied by the appeal board.

West then filed a petition for judicial review in the district court. The district court affirmed, finding substantial evidence in the record to support the appeal board’s decision. It is from the district court’s ruling that West appeals.

I. Judicial review of agency determinations regarding unemployment compensation benefits is governed exclusively by the Iowa Administrative Procedure Act. Iowa Code §§ 17A.19; 96.6(3). Our review of the district court’s decision is at law. Iowa Code § 17A.20; Hy-Vee Food Stores, Inc. v. Iowa Civil Rights Comm’n, 453 N.W.2d 512, 515 (Iowa 1990).

Under the mandate of section 17A. 19, the district court acted as an appellate court to correct errors of law that section 17A.19(8)(f) specifies for contested cases such as this one.

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Bluebook (online)
489 N.W.2d 731, 1992 Iowa Sup. LEXIS 349, 1992 WL 235213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-employment-appeal-board-department-of-inspections-appeals-iowa-1992.