Miss. Transp. Comm'n v. Anson
| Docket Number: | 2002-CC-01286-SCT Linked Case(s): 2002-CC-01286-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-03-2004 Opinion Author: Cobb, P.J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Employee termination - Substantial evidence - First amendment freedoms Judge(s) Concurring: Smith, C.J., Waller, P.J. and Dickinson, J. Non Participating Judge(s): Diaz, J. Dissenting Author : Easley, J. Concurs in Result Only: Carlson, Graves and Randolph, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 07-22-2002 Appealed from: Forrest County Circuit Court Judge: Richard W. McKenzie Disposition: Reversed the full EAB after it had affirmed the Appellee's termination. Case Number: CI-02-0043 |
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| Note: | Motion for Execution on Judgment filed by appellee is denied. Motion to Strike Language from Brief of Appellant is denied. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Transportation Commission |
RICHARD E. WILBOURN, III |
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| Appellee: | Gary B. Anson | WILLIAM L. DUCKER |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Employee termination - Substantial evidence - First amendment freedoms |
| Summary of the Facts: | The Mississippi Department of Transportation terminated Gary Anson’s employment following an investigation of complaints brought against him by two MDOT employees. Anson appealed to the Employee Appeals Board where the hearing officer ordered reinstatement, but with stipulations Anson found unacceptable. Both Anson and MDOT appealed to the full EAB which overruled the hearing officer and affirmed Anson’s termination. The circuit court reversed the EAB decision, and the Mississippi Transportation Commission appeals. |
| Summary of Opinion Analysis: | The Commission argues that the EAB’s decision was supported by substantial evidence. The EAB was correct in its determination that there was sufficient evidence of Anson’s threatening or coercing employees and/or engaging in acts of conduct plainly related to job performance of such nature that to continue the employee in the assigned position could constitute negligence in regard to the agency’s duties to other state employees. Corroborating testimony from Anson’s own friendly witnesses tended to show his proclivity for anger and isolated violence. The testimony by the various witnesses amounts to more than a mere scintilla of evidence. On appeal, the court may neither substitute its own judgment for that of administrative agency which rendered the decision nor reweigh the facts of the case. Here, there is no doubt that the circuit court looked at the factual findings of the EAB not only to determine if they supported the decision, but to reweigh them. The court also found that Anson’s freedom of speech and freedom of association were violated. Unless the employee carries the burden of persuasion to show that the disciplinary action was impermissibly based on the exercise of First Amendment freedoms, the employee has no right to have the employment decision overturned. As it pertains to this disciplinary action, Anson’s speech was not a cause or even a contributing factor in MDOT’s decision to proceed with disciplinary action against him. |
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