Larry Davis v. Kris Ockomon, et al.

Summary

The Seventh Circuit considered whether the City of Anderson’s Senior Humane Officer was a policymaking position for which political affiliation could be an appropriate qualification. The court held that city ordinances vested the officer with sufficient policymaking discretion, including authority over animal-control regulations, licenses, permits, and policies, and affirmed summary judgment for the defendants.

Holdings

1. When a statute or city ordinance defines a public position's duties, the ordinance or statute controls the determination of the position's inherent powers; an official job description may provide additional detail only insofar as it is consistent with the governing law.
2. The Senior Humane Officer was a policymaking position because City ordinances vested the officer with substantial discretion to promulgate regulations and policies, issue and revoke licenses and permits, and make other policy-laden animal-control decisions.
3. Davis's termination did not violate the First Amendment because political loyalty was an appropriate qualification for the policymaking position of Senior Humane Officer.

Questions Presented

1. Whether the Senior Humane Officer position was subject to political termination under the First Amendment because political affiliation was an appropriate qualification for the position.
2. Whether the court should determine the inherent powers of the Senior Humane Officer position from the official job description or from applicable City ordinances.
3. Whether the City ordinances vested the Senior Humane Officer with sufficient policymaking discretion to bring the position within the patronage-dismissal exception.

Disposition

affirmed