SHAFFER v. CITY OF MUSKOGEE MERIT SYSTEM BD.
2016 OK CIV APP 64
| Okla. Civ. App. | 2016Background
- Jack Shaffer, a City of Muskogee employee, engaged in a physical altercation at work with co-employee Stanley Goodman; Shaffer admitted punching Goodman and placing him in a headlock; Goodman denied provoking the attack.
- Shaffer had earlier told two non-exempt supervisors that Goodman had verbally threatened him that day; he did not notify the exempt supervisor required by the City's harassment policy.
- The City held a pre-termination hearing and terminated Shaffer for violations of City work rules, including fighting during working hours (R-30) and related provisions.
- Shaffer appealed to the City Merit System Board; after hearing testimony and evidence the Board voted 2–1 to affirm the termination.
- Shaffer petitioned the district court for review; the City moved to dismiss for lack of jurisdiction based on a City Code provision declaring Merit Board decisions "final and binding and not subject to appeal to the city council or any court." The district court denied dismissal and affirmed the Merit Board.
- Shaffer appealed to the Court of Civil Appeals, which affirmed: (1) the district court had jurisdiction because the City charter did not abrogate the statutory right to district-court review, and (2) the Merit Board’s factual finding that Shaffer fought at work was supported by the clear weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court had jurisdiction to review the Merit Board decision | Shaffer argued the district court had jurisdiction under 12 O.S. § 951 to review the Merit Board’s final order | City argued its municipal ordinance made Merit Board decisions "final and binding" and "not subject to appeal to . . . any court," precluding § 951 review | Court held district court had jurisdiction; the City charter did not abrogate the statutory right to appeal and the conflicting ordinance was invalid against the charter |
| Whether Merit Board’s decision upholding Shaffer’s termination was contrary to law | Shaffer argued termination lacked just cause, claimed self‑defense and asserted City relied on an unpled sexual‑harassment theory | City argued Shaffer engaged in prohibited fighting at work and was notified of the charged work‑rule violations; self‑defense was a factual dispute | Court held Merit Board’s decision was not contrary to law and was supported by the clear weight of the evidence |
| Whether the City improperly based termination on a harassment policy without notice | Shaffer claimed City relied on sexual‑harassment policy not stated in termination notice | City maintained termination was for fighting and other cited work‑rule violations; harassment policy was not the basis | Court held City proceeded on stated work‑rule grounds (fighting) and Shaffer had adequate notice |
| Whether Merit Board failed to make adequate findings for judicial review | Shaffer contended the Board did not make required factual findings | City argued only ultimate facts and conclusions are necessary for review and the Board issued a written summary | Court held the Board’s written decision and summary were sufficient for judicial review |
Key Cases Cited
- In re White, 355 P.2d 404 (Okla. 1960) (discusses when civil‑service commission exercises judicial functions and the availability of appeals to district court)
- City of Muskogee v. Grayson, 818 P.2d 491 (Okla. 1991) (standard of review: whether Merit Board committed errors of law and whether findings are supported by the clear weight of the evidence)
- Edwards v. City of Sallisaw, 339 P.3d 870 (Okla. 2014) (principles on municipal charter home‑rule authority and interpretation of charters)
- Civil Service Com’n of City of Tulsa v. Gresham, 653 P.2d 920 (Okla. 1982) (only ultimate facts and conclusions are necessary for judicial review of commission decisions)
- West v. State, 798 P.2d 1083 (Okla. Crim. App. 1990) (self‑defense is an affirmative defense and not available to an aggressor)