Summary
The Supreme Court of Nebraska reviewed the termination of Nathan Pierce by the Douglas County Public Properties Department and the Douglas County Civil Service Commission. The court held that the district court had jurisdiction to review Pierce’s collective bargaining agreement claims related to his termination, but reversed the termination because the evidence did not support treating his alleged work-restriction violation as a terminable second offense. The case was remanded with directions to vacate the Commission’s order.
Holdings
- When an employee appeals a final order of the Douglas County Civil Service Commission through a petition in error, the district court has jurisdiction to decide collective bargaining agreement issues related to the disciplinary action; the employee need not first file a claim under the county claims statute.
- Even assuming the County proved that Pierce was unaccompanied in the restricted area, his mere violation of a work restriction, without additional misconduct, did not constitute a second offense of immoral, indecent, disgraceful, or inappropriate conduct warranting termination under the personnel manual.
Questions Presented
- Whether the district court had jurisdiction in a petition-in-error proceeding to consider Pierce's claims that the County violated the collective bargaining agreement in connection with his termination without requiring compliance with the county claims statute.
- Whether sufficient evidence supported termination for a second offense of immoral, indecent, disgraceful, or inappropriate conduct.
- Whether the agency and district court improperly placed the burden on Pierce to prove that he was accompanied in the restricted area.
- Whether the Department violated collective bargaining agreement grievance and disciplinary procedures.
- Whether Pierce was subjected to double jeopardy by being disciplined twice for the same conduct.
Disposition
reversed_and_remanded
Cases Cited (13)
- Caniglia v. City of Omaha, 210 Neb. 404, 315 N.W.2d 241 (1982)(questioned)
- Cleveland Board of Education v. Loudermill, 470 U.S. 532, 105 S. Ct. 1487, 84 L. Ed. 2d 494 (1985)(followed)
- Jackson v. County of Douglas, 223 Neb. 65, 388 N.W.2d 64 (1986)(distinguished)
- Hickey v. Civil Service Commission of Douglas County, 274 Neb. 554, 741 N.W.2d 649 (2007)(followed)
- Barnett v. City of Scottsbluff, 268 Neb. 555, 684 N.W.2d 553 (2004)(followed)
- Geringer v. City of Omaha, 237 Neb. 928, 468 N.W.2d 372 (1991)(followed)
- Hammann v. City of Omaha, 227 Neb. 285, 417 N.W.2d 323 (1987)(followed)
- Cox v. Civil Service Commission of Douglas County, 259 Neb. 1013, 614 N.W.2d 273 (2000)(followed)
- Douglas County Board of Commissioners v. Civil Service Commission, 263 Neb. 544, 641 N.W.2d 55 (2002)(followed)
- Cal. Correctional Peace Officers Ass'n v. State Personnel Board, 10 Cal. 4th 1133, 899 P.2d 79, 43 Cal. Rptr. 2d 693 (1995)(persuasive)
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