Spears v. Miss. Dep't of Wildlife, Fisheries & Parks


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Docket Number: 2007-CC-00954-COA
Linked Case(s): 2007-CC-00954-COA

Court of Appeals: Opinion Link
Opinion Date: 07-22-2008
Opinion Author: CHANDLER, J.
Holding: Affirmed

Additional Case Information: Topic: Employee termination - Admission of evidence - Arbitrary and capricious
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES

Trial Court: Date of Trial Judgment: 01-31-2007
Appealed from: PIKE COUNTY CIRCUIT COURT
Judge: David H. Strong
Disposition: AFFIRMED THE ORDER OF THE EMPLOYEE APPEALS BOARD UPHOLDING THE APPELLANT’S TERMINATION
Case Number: 03-072-B

  Party Name: Attorney Name:  
Appellant: LOU E. SPEARS




JOHN H. OTT



 

Appellee: MISSISSIPPI DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS WILLIAM DOUGLAS MANN  

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Topic: Employee termination - Admission of evidence - Arbitrary and capricious

Summary of the Facts: Lou Spears was terminated from her position as a housekeeper with the Percy Quinn State Park for repeatedly refusing to sign her performance appraisal reviews. Spears appealed her termination, and a hearing was held. The hearing officer issued an order setting aside Spears’s termination. The Department appealed the order setting aside Spears’s termination to the full Board which affirmed the order. The Department appealed to circuit court which remanded the case to the hearing officer to make an adequate record. Following a second hearing, the hearing officer upheld Spears’s termination. Spears then appealed the order to the full Board, which affirmed. The circuit court also affirmed the termination. Spears appeals.

Summary of Opinion Analysis: Spears argues that the court erred in considering evidence from a second administrative hearing where the lack of a transcript from the first administrative hearing was the sole fault and responsibility of the Department of Wildlife, Fisheries, and Parks. The only reason the hearing officer cited for reinstating Spears in the first hearing was the lack of evidence concerning her supervisor’s authority to terminate an employee. This defect was cured when the officer allowed the Department to supplement the record with evidence showing that the supervisor did have such authority. The evidence established that Spears acted in “willful violation of State Personnel Board policies, rules and regulations,” and the Department cited her for a Group III offense for such violation. The hearing officer did not find to the contrary; he found only that there was no evidence that the supervisor had the authority to dismiss Spears. Taking all of the evidence together, the second hearing only served to further support the Department’s argument that it had cause to terminate Spears and that it acted in accordance with its published policies and procedures. Thus, Spears’s termination was not arbitrary and capricious, was not beyond the powers of the Department, and did not violate any of Spears’s statutory or constitutional rights.


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