CITY OF JENKS v. STONE
2014 OK 11
| Okla. | 2014Background
- Stone was a probationary police trainee employed by Jenks from Aug 29, 2011, to Mar 1, 2012; he was not covered by the city’s collective bargaining agreement and was a member of OPPRS.
- Jenks discharged Stone and denied a post-termination hearing; Stone requested a board of review under 11 O.S.2011, § 50-123.
- Jenks argued § 50-123 did not require a post-termination hearing or cause-based termination for Stone due to a prior agreement and his trainee status.
- The district court granted Jenks summary judgment, holding Stone as an at-will employee with no right to a board of review; CA reversed, certiorari granted.
- The controlling issue is whether § 50-123(B) provides a right to be fired for cause and a post-termination hearing to probationary trainees who are OPPRS members.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 50-123(B) grant probationary trainees a post-termination hearing? | Stone argues probationary trainees have rights under 50-123(B). | Jenks contends trainees lack those rights and are governed by at-will principles. | No; probationary trainees do not have board of review rights. |
| How should 'member' be construed in 50-123(A)/(B) for trainees who are OPPRS members? | Stone asserts trainees are “members” entitled to protections. | Jenks argues trainees are not permanent officers and thus not within the 50-123 member scope. | Probationary trainees are excluded from the term 'member' for § 50-123 purposes. |
Key Cases Cited
- Burk v. K-Mart Corp., 770 P.2d 24 (Okla. 1989) (at-will employment and public policy exception acknowledged)
- Lumber 2, Inc. v. Illinois Tool Works, Inc., 261 P.3d 1143 (Okla. 2011) (statutory construction using sensible, reconciled interpretation)
- Rogers v. QuikTrip Corp., 230 P.3d 853 (Okla. 2010) (statutory interpretation standard for ambiguous statutes)
- City of Durant v. Cicio, 50 P.3d 218 (Okla. 2002) (distinguishes permanent officers from probationary trainees)
- Fraternal Order of Police, Lodge 108 v. City of Ardmore, 44 P.3d 569 (Okla. 2002) (trainees and duties under FPAA; weighting of member status)