Laramie County Sheriff's Department v. Cook
272 P.3d 966
Wyo.2012Background
- Deputy Cook was terminated for violating department policies related to report writing and firearms security after an off-duty security detail at the Outlaw Saloon.
- The Sheriff held that Cook violated Policies 07.03, 04.13, and 03.04 and terminated him.
- Cook requested a contested case hearing, which the Sheriff conducted and after which he upheld the termination.
- The district court reversed, finding no substantial evidence to support cause for dismissal.
- The Wyoming Supreme Court reversed the Sheriff's order, holding the record did not substantiate policy violations and thus did not sustain dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Sheriff’s dismissal was supported by substantial evidence | Cook argues no substantial evidence supports termination | Laramie County Sheriff's Department argues the record shows policy violations as cause | No substantial evidence supports the dismissal; district court reversed |
Key Cases Cited
- Lucero v. Mathews, 901 P.2d 1115 (Wyo.1995) (definition of 'cause' under § 18-3-611)
- Fisch v. Allsop, 4 P.3d 204 (Wyo.2000) (violation of disciplinary policies may provide cause)
- Bailey v. State, ex rel. Wyo. Workers' Safety & Comp. Div., 2010 WY 152 (Wyo.2010) (interpret administrative rules; ordinary meaning of words)
- Town of Evansville Police Dep't v. Porter, 256 P.3d 476 (Wyo.2011) (interpretation of police department rules)
- Dutcher v. State ex rel. Wyo. Workers' Safety & Comp. Div., 223 P.3d 559 (Wyo.2010) (review standard for agency decisions)
- Dale v. S & S Builders, LLC, 188 P.3d 554 (Wyo.2008) (substantial evidence standard and arbitrary/capricious review)
- Bush v. State ex rel. Wyo. Workers' Safety & Comp. Div., 120 P.3d 176 (Wyo.2005) (definition of substantial evidence; standard of review)
- Kenyon v. State ex rel. Wyo. Workers' Safety & Comp. Div., 247 P.3d 845 (Wyo.2011) (substantial evidence standard; rational premises for findings)
- Moss v. State ex rel. Wyo. Workers' Safety & Comp. Div., 232 P.3d 1 (Wyo.2010) (arbitrary and capricious review authority)
- Pinther v. State of Wyoming, Dep't of Admin. & Information, 866 P.2d 1300 (Wyo.1994) (deference to agency construction of rules)