Beasley v. City of Omaha
Beasley v. City of Omaha
Opinion of the Court
This appeal arises from a determination by the District Court of Nebraska, Fourth Judicial District, in and for Douglas County, affirming a decision of the Omaha Personnel Board (Board) which upheld the termination of plaintiff-appellant Lloyd E. Beasley’s employment as a manager in Omaha’s housing and community development department.
Appellant asserts the District Court erred in finding, as did the Board, that appellant’s separation from employment was in compliance with the applicable city ordinance. Further, that the District Court erred in finding that the evidence adduced before the Board was sufficient to constitute a basis for the termination; specifically, in finding that there was a “lack of funds” and that appellant was the “least qualified” employee. We find the assignments of error to be without merit and affirm the order of the District Court.
We first examine the scope of judicial review in an appeal by a proceeding in error which questions the decision of an administrative body, such as the personnel board of a municipality. The law in this regard is well settled. Where an administrative body
With those rules in mind, we find that the record before the Board reveals appellant’s employment was terminated, because of a lack of funds, by letter on January 31, 1979, effective that same date. He was provided with 30 days’ separation pay. The appellant and another employee were selected for separation from employment because they were found to be “least qualified.” Although appellant had a supervisory job title and classification, he performed no supervisory duties; he performed fewer duties and had less responsibility than another employee with an identical title and position; and over a period of time other employees had assumed various parts of his job. He had been the subject of numerous performance evaluations over a period of time which consistently resulted in low scores. He had, under three different supervisors, consistently been assigned fewer projects than other employees of his rank. Nonetheless, his performance continued to show a low output, both qualitatively and quantitatively. Appellant was perceived by peers and others as being unmotivated, and he did not inspire confidence.
Section 7.04.835 of the Omaha Municipal Code (1959) provides as follows: “A department head may separate any employee without prejudice because of lack of funds or curtailment of work, after giving notice of at least ten working days to such employee. However, no regular employee shall be separated from any department while there are provisional, probationary or temporary employees serving in the same class of positions in that department. Whenever a classified position is abolished or a reduction in force becomes necessary, lay offs shall be in reverse order of total service with the City when the qualifications of the employees to perform the available work are substantially equal; otherwise the employees best qualified to perform the work shall be retained. Such departures from the regular reduction in force procedures and the reasons therefor shall be reported to the Personnel Director. Any employee adversely affected by such an action may appeal to the Personnel Board.”
Appellant argues first that the separation did not comply with the ordinance’s 10-day notice requirement and that had it done so, money would have been available at the end of that 10-day period to continue his employment as the result of other vacancies which occurred. That argument is not persuasive. The notice requirement provides an employee some time while still receiving full pay within which to seek other employment. In this instance appellant was paid for 30 days without being required to work at all after he had received the notice of separation. Nor is there any merit in the
Appellant further argues he was prejudiced inasmuch as his separation was not reported to the personnel director as required by the applicable ordinance. This too is moot; appellant has had the benefit of an appeal to the Board.
The remainder of appellant’s argument is answered by the fact that the quantum of evidence which exists satisfies the “some competent evidence” requirement to support a finding that he fell into the “least qualified” category.
The rationale is not unlike that in Ackerman v. Civil Service Commission, 177 Neb. 232, 234-35, 128 N.W.2d 588, 590 (1964), wherein, in discussing the powers of the civil service commission, we said: “The act vests a wide discretion in the civil service commission but does not vest a similar discretion in the district court. The statute does not contemplate
“In this case the only evidence which was introduced in the district court was the record of the testimony and exhibits which were received at the hearing before the civil service commission. Thus, the inquiry here is limited to whether this evidence was sufficient to sustain a finding of cause for discharge.”
Given the scope of judicial review of administrative determinations, the District Court was compelled to affirm the Board, and we are compelled to affirm the District Court.
Affirmed.
Dissenting Opinion
dissenting.
I find that I must respectfully dissent from the majority in this case. I do so not because I disagree with the majority’s declaration as to the law but, rather, as to its application of the facts in this case. As amply noted by the majority, the record in this case establishes the fact that the appellant was indeed “least qualified” to perform the tasks for which he was hired. The record further discloses that the City did not have the necessary courage to take the appropriate action and discharge the employee for cause but, rather, relied upon a makeshift argument concerning a reduction in funds. It is difficult, if not impossible, to imagine that one who rose to the rank of supervisor and had seniority near the very top of the list among 15 employees was not
Reference
- Full Case Name
- Lloyd E. Beasley, Appellant, v. City of Omaha Et Al., Appellees
- Cited By
- 4 cases
- Status
- Published