Wynkoop v. TOWN OF CEDAR LAKE
2012 Ind. App. LEXIS 312
| Ind. Ct. App. | 2012Background
- Wynkoop was employed by Cedar Lake for about seven years as a part-time Building Inspector and then as a full-time Code Enforcement Officer.
- In 2009 Cedar Lake adopted a 60-page Town Policy and Procedure Manual stating it is not a contract and includes an at-will employment provision, a progressive discipline policy, and an employee appeal process.
- Wynkoop acknowledged receipt of the Manual on December 4, 2009.
- On June 16, 2010, Wynkoop was given disciplinary action with a recommended termination; a hearing was held; on July 7, 2010 the Town Council suspended him, demoted him to part-time status, and he was eventually terminated.
- Wynkoop filed a complaint seeking certiorari, declaratory relief, injunctive relief, and damages, challenging the disciplinary process as violating due process; the Town moved for summary judgment asserting no constitutionally protected property interest.
- The trial court granted summary judgment for the Town, holding the Manual did not create a binding contract or property right; Wynkoop appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wynkoop had a constitutionally protected property interest in his job requiring due process. | Wynkoop contends the Manual creates a just-cause/administrative-hearing entitlement. | Town contends there is no property interest; employment is at-will despite the Manual. | Wynkoop has no cognizable property interest; the Town was entitled to summary judgment. |
Key Cases Cited
- Board of Regents v. Roth, 408 U.S. 564 (U.S. 1972) (property interest requires entitlement grounded in state law; not created by Constitution)
- Logan v. Zimmerman Brush Co., 455 U.S. 422 (U.S. 1982) (employee due process depends on protected interest, not mere process)
- Orr v. Westminster Village North, Inc., 689 N.E.2d 712 (Ind. 1997) (handbooks generally do not create unilateral contracts unless specific conditions are met)
- Tri-City Comprehensive Cmty. Mental Health Center, Inc. v. Franklin, 498 N.E.2d 1303 (Ind.Ct.App.1986) (recognizes employer policies may inform property interests when there is a state-created entitlement)