Wilson v. Miss. Dep't of Corrections


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Docket Number: 2011-CC-00288-COA

Court of Appeals: Opinion Link
Opinion Date: 03-27-2012
Opinion Author: Irving, P.J.
Holding: Affirmed

Additional Case Information: Topic: Employment termination - Falsification of records - Lesser punishment
Judge(s) Concurring: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES

Trial Court: Date of Trial Judgment: 01-21-2011
Appealed from: Forrest County Circuit Court
Judge: Robert Helfrich
Disposition: AFFIRMED THE DECISION OF THE MISSISSIPPI EMPLOYEE APPEALS BOARD UPHOLDING THE APPELLANT’S TERMINATION FROM THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
Case Number: CI09-0165

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Glenn Todd Wilson




LEE TURNER



 
  • Appellant #1 Brief

  • Appellee: Mississippi Department of Corrections OFFICE OF THE ATTORNEY GENERAL: R. STEWART SMITH JR.  

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    Topic: Employment termination - Falsification of records - Lesser punishment

    Summary of the Facts: Glenn Wilson was terminated from the Mississippi Department of Corrections for falsifying official documents. Wilson appealed his termination to the Employee Appeals Board, which affirmed his termination. Wilson then requested a review by the Full EAB, which also upheld his termination. Wilson appealed to circuit court, which affirmed the EAB. Wilson appeals.

    Summary of Opinion Analysis: Wilson argues that the EAB’s decision was not supported by substantial evidence and was arbitrary and capricious. Additionally, Wilson argues that a lesser punishment would have been more appropriate given the nature of his offense. Wilson’s supervisor testified that his review of the files revealed inconsistent signatures on official documents, including report-verification forms, firearms, and voting-rights forms, and waivers of extradition. He testified that the report-verification form is used to verify that an offender properly reports to his supervising officer. He further testified that Wilson’s practice of signing in for some offenders, raised questions about whether those offenders had properly reported. Wilson admitted to signing documents for offenders, but he explained that he did so because one offender had a cast on his hand, one was holding her child, and another was elderly. Wilson also admitted to signing documents on behalf of a “few” other offenders. Thus, the record shows there was substantial evidence in support of the MDOC’s decision to terminate Wilson. Falsification of records constitutes a Group III offense and may result in the following disciplinary actions: a written reprimand, suspension without pay for up to thirty working days, demotion, or dismissal. Wilson’s punishment was a permissible disciplinary action based on his violation.


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