State of Tennessee v. The City of Greeneville, TN
E2020-01106-COA-R3-CV
| Tenn. Ct. App. | Jul 23, 2021Background
- David Thacker, a Greeneville police officer since 1997, was terminated in Sept. 2018 following his handling of an Aug. 31, 2018 dispatch from Andy McCloud (the McCloud incident) and in light of prior disciplinary history.
- Thacker says he offered medical aid and EMS, McCloud declined transport and walked to the hospital; Thacker did not issue a BOLO or immediately send a patrol car and may not have re‑entered CAD data because the call may have been a 911 transfer.
- Greeneville charged violations labeled "1.1 Employee Responsibilities" and "2.4 Attentiveness to Duty;" Thacker had prior reprimands and suspensions that Greenville relied on in recommending termination.
- At the Civil Service Board hearing only Thacker and a records clerk testified under oath; other supervisors answered questions off the record and several disciplinary and policy documents were omitted from the record on appeal.
- The Board upheld termination; the Chancery Court affirmed. The Court of Appeals vacated and remanded because the administrative record lacked key policy provisions, did not clarify the standard/burden applied, and did not show that termination was an authorized remedy under the discipline matrix.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board's decision terminating Thacker is supported by substantial and material evidence / not an abuse of discretion | Thacker: record lacks competent substantial evidence that his conduct warranted termination; Board misapplied standards | Greeneville/Board: McCloud incident (alone) provided sufficient cause; prior discipline also supported termination | Court: Vacated and remanded — record incomplete, so appellate review impossible; cannot conclude substantial evidence supports termination |
| Whether the Board applied the correct standard and burden of proof at the administrative hearing | Thacker: Board applied unclear/incorrect standard; burden should be on employer to justify termination | Greeneville/Board: Thacker bore burden to prove termination was politically motivated or in bad faith | Held: Unclear from record which standard/burden was applied; absence of documented applicable standard prevents meaningful review; remand required |
| Whether Greeneville’s disciplinary policies/matrix authorized termination for the charged violations | Thacker: the discipline matrix in the record does not authorize termination for 1.1 or 2.4; missing policy pages leave scope of duties and penalties undefined | Greeneville: other policies (not in record) justify termination and progressive‑discipline framework | Held: Matrix as provided did not expressly authorize termination and essential policy pages were missing; remand for consideration with full policies |
| Whether trial court review was adequate under UAPA standards | Thacker: trial court erred by deferring without sufficient administrative record | Greeneville: trial court properly reviewed and affirmed Board | Held: Appellate court could not perform UAPA review because administrative record omitted required materials; vacated trial court judgment and remanded |
Key Cases Cited
- Miller v. Civ. Serv. Comm’n of Metro. Gov’t of Nashville & Davidson Cty., 271 S.W.3d 659 (Tenn. Ct. App. 2008) (explains three‑step UAPA review and deference to agency fact‑finding)
- Davis v. Shelby Cty. Sheriff’s Dep’t, 278 S.W.3d 256 (Tenn. 2009) (judicial review of civil service board actions follows UAPA standards; legal questions reviewed de novo)
- Macon v. Shelby Cty. Gov’t Civ. Serv. Merit Bd., 309 S.W.3d 504 (Tenn. Ct. App. 2009) (courts need sufficient record to determine whether agency action comports with law)
- Tompkins v. County of Shelby, 241 S.W.3d 500 (Tenn. Ct. App. 2007) (discusses necessity of adequate administrative findings for judicial review)
- City of Memphis v. Civ. Serv. Comm’n of City of Memphis, 238 S.W.3d 238 (Tenn. Ct. App. 2007) (charter/commission example placing burden on city to show reasonable basis for disciplinary action)
- Greer v. City of Memphis, 356 S.W.3d 917 (Tenn. Ct. App. 2010) (arguments of counsel and unsworn statements are not evidence)
- Case v. Shelby Cty. Civ. Serv. Merit Bd., 98 S.W.3d 167 (Tenn. Ct. App. 2002) (civil service review considers whether there was just cause to terminate)
- Tennessee Dep’t of Correction v. Pressley, 528 S.W.3d 506 (Tenn. 2017) (burden‑of‑proof allocation in public‑employment termination contexts)