Denning v. Johnson County Sheriff's Civil Service Bd
299 Kan. 1070
| Kan. | 2014Background
- Master Deputy Michael Maurer struck a sheriff's vehicle windshield with a binder while swatting a horsefly, then left a sticky note with "Crack in windshield—rock" for Sgt. Greenwood and later told Greenwood the damage was from a rock.
- An internal investigation produced additional written reports in which Maurer disclosed more about his role; Sheriff Denning terminated Maurer for violating the department's truthfulness policy.
- Maurer appealed to the Johnson County Sheriff’s Civil Service Board (CSB); the CSB first reversed the termination and ordered reinstatement, then later (after remand) reversed itself and upheld the termination.
- District court review: the district court vacated the CSB’s first decision and remanded; on remand the CSB upheld the termination and the district court affirmed that second CSB decision; the Court of Appeals affirmed the district court.
- The Kansas Supreme Court granted review and addressed two core questions: whether the CSB exceeded its statutory authority in its first decision, and whether that decision was substantially supported by the evidence.
Issues
| Issue | Plaintiff's Argument (Maurer) | Defendant's Argument (Denning) | Held |
|---|---|---|---|
| Whether the CSB exceeded its statutory authority in reversing the sheriff | CSB authorized by K.S.A. 19-4327 to hear evidence "for and against a dismissal," conduct a de novo reasonableness review, and order reinstatement | CSB lacked authority to substitute its judgment for the sheriff; relies on Nielander and a narrow reading of K.S.A. 19-805/19-4327 to limit CSB review | Court held CSB has authority under K.S.A. 19-4327 to determine reasonableness, but the CSB exceeded that authority in this case by effectively substituting its judgment rather than applying the reasonableness standard |
| Whether the CSB’s first decision was substantially supported by the evidence | CSB found no evidence of a truthfulness violation and that Maurer’s reports were truthful and sufficient | Sheriff pointed to the sticky note and verbal statement to Greenwood saying a rock caused the damage, plus other interview evidence, as substantial support for dismissal | Court held the CSB’s first decision was not substantially supported by the evidence; the board ignored direct evidence (sticky note, Greenwood testimony, statements in interviews) and thus its reversal was arbitrary and capricious |
Key Cases Cited
- Board of Lincoln County Comm’rs v. Nielander, 275 Kan. 257 (recognizes limits on county commissioners but does not address civil service board authority)
- Zoellner v. Civil Service Bd. of Leavenworth County, 39 Kan. App. 2d 693 (rejects extension of Nielander to limit CSB authority)
- Robinson v. City of Wichita Employees Retirement Bd. of Trustees, 291 Kan. 266 (scope of appellate review of quasi-judicial agency decisions)
- Friedman v. Kansas State Bd. of Healing Arts, 296 Kan. 636 (definition and application of substantial competent evidence)
- Central Kansas Power Co. v. State Corporation Commission, 221 Kan. 505 (administrative orders are reasonable when supported by substantial competent evidence)