Cook v. ATLANTA, INDIANA TOWN COUNCIL
2011 Ind. App. LEXIS 1891
| Ind. Ct. App. | 2011Background
- Cook was hired as Town Marshal of Atlanta, Indiana on September 13, 2008 and served for more than six months after completing required training.
- On September 24, 2010, the Atlanta town council terminated Cook without a hearing following an on-site incident that day.
- Cook requested a hearing under the disciplinary removal and appeals procedure in Ind.Code § 36-8-3-4, which the council denied.
- Cook filed a Petition for Judicial Review and Writ of Mandamus on October 13, 2010, alleging procedural due process violations.
- The case proceeded with stipulated facts and a March 21, 2011 hearing; the trial court denied the petition, which Cook appeals.
- The Indiana Court of Appeals reversed, holding that termination of a tenured town marshal requires the removal and appeals procedure under Ind.Code § 36-8-3-4 and a pre-termination hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pre-termination hearing was required | Cook: 36-5-7-3 mandates pre-termination hearing for tenured marshals. | Atlanta: removal for non-disciplinary reasons can occur without a hearing; 36-8-3-4(m) only governs demotions. | No; pre-termination hearing required for termination under 36-5-7-3 and 36-8-3-4. |
| Whether 36-8-3-4(m) permits termination without hearing | Cook: 36-8-3-4(m) does not authorize termination; it covers demotions only. | Atlanta: 36-8-3-4(m) applies to upper-level policymakers and demotion, not termination; | 36-8-3-4(m) does not permit termination without hearing. |
Key Cases Cited
- Guzik v. Town of St. John, 875 N.E.2d 258 (Ind.Ct.App.2007) (upper-level policymaker exception under 36-8-3-4(m) discussed)
- Olejniczak v. Town of Kouts, 651 N.E.2d 1197 (Ind.Ct.App.1995) (demotion of marshal related to 36-8-3-4(m))
- Koehlinger v. State Lottery Comm'n of Ind., 933 N.E.2d 541 (Ind.Ct.App.2010) (avoid meaningless provisions; interpret statute as a whole)
- Bolin v. Wingert, 764 N.E.2d 201 (Ind.2002) (statutory interpretation: give effect to every word)
- St. Vincent Hosp. and Health Care Ctr., Inc. v. Steele, 766 N.E.2d 699 (Ind.2002) (statutory interpretation framework; plain meaning vs. ambiguity)
- Elmer Buchta Trucking, Inc. v. Stanley, 744 N.E.2d 939 (Ind.2001) (statutory interpretation principles and avoided absurd results)