Larry Shawn Whitwer v. Civil Service Commission of the City of Sioux City, Iowa
2017 Iowa Sup. LEXIS 65
| Iowa | 2017Background
- Larry Whitwer, a Sioux City firefighter of 20+ years, pled guilty to domestic abuse assault in July 2012 and was subject to a five‑year no‑contact order and a pending predisciplinary hearing.
- City offered a "last‑chance" disciplinary agreement on October 1, 2012: a short suspension instead of termination in exchange for waiver of appeal rights and consent to immediate termination without appeal for future violations (including breach of the no‑contact order).
- Whitwer (represented by union reps at the hearing) signed the written agreement after review; his private attorney had been informed earlier but was not present at signing.
- Thirteen months later Whitwer violated the no‑contact order, was arrested and found in contempt; the City terminated his employment under the last‑chance agreement.
- The Sioux City Civil Service Commission declined jurisdiction because the agreement waived appeal rights; district court reinstated Whitwer, holding the Commission should review/approve last‑chance agreements before they bind civil service rights.
- Iowa Supreme Court reversed: it held last‑chance agreements waiving civil service appeal rights can be valid and enforceable under contract principles, and on the record Whitwer’s agreement was knowingly and voluntarily executed and therefore enforceable here.
Issues
| Issue | Plaintiff's Argument (Whitwer) | Defendant's Argument (City/Commission) | Held |
|---|---|---|---|
| Whether a civil service employee can validly waive statutory appeal rights via a last‑chance agreement | Waiver is invalid; Commission must review/approve such agreements and termination without prior Commission hearing defeats statutory protections | Chapter 400 does not prohibit waivers; last‑chance agreements are enforceable so long as voluntary and subject to contract law and good‑faith limits | A last‑chance agreement can be valid and enforceable; no statutory requirement for prior Commission approval |
| Whether the October 2012 agreement was knowing and voluntary | Whitwer signed under stress, attorney absent, coerced by Hobson’s choice (sign or be terminated) | Whitwer had union representation, opportunity to review in private, attorney informed earlier, and received a substantial benefit (kept job) | Agreement was knowingly, voluntarily, and intelligently executed and therefore binding |
| Whether waiver divests Commission of jurisdiction when properly executed | Waiver cannot strip statutory protections the legislature intended | A valid waiver of appeal rights divests the Commission; enforcement analyzed under contract and good faith principles | Proper waiver divests Commission jurisdiction; court enforces agreement subject to contract defenses |
| Whether enforcement here violates public policy or good‑faith duties (given lapse/time/breach nature) | Agreement enforcement circumvents civil service safeguards; public‑policy concerns | Agreement is a settlement contract and serves employee and public interest; agency must act in good faith | Enforcement here did not violate public policy or good faith; court leaves open future limits (e.g., long lapse, de minimis/unrelated breach) |
Key Cases Cited
- Lewis v. Civil Serv. Comm’n, 776 N.W.2d 859 (Iowa 2010) (standard of appellate review of commission/district court decisions)
- Dolan v. Civil Serv. Comm’n, 634 N.W.2d 657 (Iowa 2001) (scope of trial de novo under chapter 400)
- City of Des Moines v. Civil Serv. Comm’n, 540 N.W.2d 52 (Iowa 1995) (civil service protections against arbitrary discharge)
- Misbach v. Civil Serv. Comm’n, 297 N.W. 284 (Iowa 1941) (purpose of commission review to protect employees from arbitrary removal)
- Sieg v. Civil Serv. Comm’n, 342 N.W.2d 824 (Iowa 1983) (distinguishing adjudicatory role of commission)
- Buchanan v. Dep’t of Energy, 247 F.3d 1333 (Fed. Cir. 2001) (federal enforcement of last‑chance agreements and waiver of appeal rights)
- McCall v. U.S. Postal Serv., 839 F.2d 664 (Fed. Cir. 1988) (last‑chance agreements not inherently coercive; enforceable if knowing and voluntary)
- Link v. Dep’t of Treasury, 51 F.3d 1577 (Fed. Cir. 1995) (treating last‑chance agreement as contract; defenses include lack of voluntariness or agency breach)
- Gilbert v. Dep’t of Justice, 334 F.3d 1065 (Fed. Cir. 2003) (proper waiver of appeal rights divests adjudicative board of jurisdiction)