Belton v. Board of Police Com'rs of Kansas City
| Citation | 708 S.W.2d 131 |
| Decision Date | 15 April 1986 |
| Docket Number | No. 67225,67225 |
| Parties | Lindy La-Gail BELTON, Appellant, v. BOARD OF POLICE COMMISSIONERS OF KANSAS CITY, Mo., et al., Respondents. |
| Court | United States State Supreme Court of Missouri |
Richard Helfand, Kansas City, for appellant.
Neal E. Millert, Robert M. Sommers, Kansas City, for respondents.
Officer Lindy L. Belton of the Kansas City, Missouri Police Department (hereafter KCPD) appeals the entry of summary judgment against her in a suit for damages and for declaratory and injunctive relief against respondents, the Board of Police Commissioners of the City of Kansas City, Missouri, and Norman Caron, Chief of Police of the Kansas City, Missouri Police Department, following the imposition of a ten-day suspension from her duties. Appellant challenges the constitutionality of the suspension and review procedures under §§ 84.500 and 84.610, RSMo 1978, on the grounds that these provisions violate her due process rights under the Fifth and Fourteenth Amendments to the United States Constitution, and article I, § 10 of the Missouri Constitution. The Court of Appeals, Western District, transferred the case to this Court prior to opinion. Mo. Const. art. V, § 11. We have jurisdiction pursuant to Mo. Const. art. V, § 3. The judgment of the trial court is affirmed.
Summary judgment may only be rendered when the pleadings, depositions, affidavits, and admissions on file show that there is no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Rule 74.04(c); Shepherd v. American States Insurance Co., 671 S.W.2d 777, 780 (Mo. banc 1984). A genuine issue of material fact exists whenever there is the slightest doubt regarding a fact with legal and probative force as to a controlling issue. Id. In reviewing a grant of summary judgment, an appellate court must view the record in the light most favorable to the party against whom summary judgment was rendered, to determine whether the requirements of Rule 74.04(c) have been met. Zafft v. Eli Lilly & Co., 676 S.W.2d 241, 244 (Mo. banc 1984).
The factual exposition which follows reflects these principles.
Appellant has served as a police officer with the KCPD since September, 1976. On October 30, 1981, appellant's son reported a burglary at appellant's home. While investigating the crime scene, KCPD officers discovered a plastic bag containing a green leafy substance believed to be marijuana, three or four "hash" pipes, and several black capsules, in and on an open dresser in appellant's ransacked bedroom. The vegetable matter and the pills were confiscated and sent to the Regional Criminalistics Laboratory for examination. The attendant lab report, received on November 10, 1981, revealed that the capsules were not a controlled substance, but that the leafy substance was marijuana.
On November 3, 1981, appellant's supervisor, Sgt. Richard James, and her Shift Commander, Capt. Marilyn Brauninger, informed appellant that some pills and what was believed to be marijuana, had been found in her bedroom and that depending upon the outcome of the laboratory analysis, an Internal Affairs investigation would probably be initiated. Appellant denied any knowledge of the materials discovered and offered to take a polygraph examination to clear up any suspicion that she possessed or used illegal drugs. She also noted that she had been undergoing harassment by an ex-boyfriend and speculated that he might have some involvement in the incident. Appellant was directed to prepare a memorandum detailing the harassment and her suspicions.
On November 16, 1981, following receipt of the lab report, Sgt. James initiated an incident report requesting an Internal Affairs investigation to determine the extent of appellant's involvement with the marijuana found in her home. The incident report noted the results of the laboratory examination, and stated, inter alia, that, "on the surface, it would appear that PO Belton is in violation of Rule # 5, of the 'Rules of Conduct' which states, 'A member shall obey all municipal ordinances, state and federal laws.' " Appellant reviewed and signed this incident report. That same day, Capt. Brauninger informed appellant of the results of the lab tests, and told appellant that she too was recommending an Internal Affairs investigation of the incident. Capt. Brauninger prepared a memorandum to that effect, which was passed up the chain of command to Chief Caron who issued the order to investigate.
On November 16, 1981, appellant prepared two Inter-department Communications setting out her version of the incident. One memo was sent to Sgt. James, and the other to Capt. Brauninger. In these memos appellant asserted that she had no prior knowledge of the presence of marijuana in her home; that it did not belong to her; and that she had recently been undergoing harassment by a former boyfriend who may have planted the drugs in her home in an effort to get even with her.
During the course of its investigation, the Internal Affairs officers spoke with all persons having any information believed to be relevant to the investigation. Statements were obtained from the officers who had investigated the burglary at appellant's home; from appellant's live-in boyfriend; from appellant's son; and from the ex-boyfriend alleged to have been harassing appellant. The investigators also canvassed appellant's neighborhood to determine if any of the residents had information pertinent to the investigation.
On December 21, 1981, the Internal Affairs investigators obtained a statement from appellant. Prior to making her statement appellant was informed that the purpose of the investigation was to inquire into the finding of drugs and drug paraphernalia in her home on October 30, 1981. In her statement appellant denied having seen the contraband in her home prior to the burglary, denied having seen either her son or roommate with the discovered materials before the burglary, denied ownership of the "hash" pipes discovered and stated that they had been disposed of, denied ever selling drugs from her home, disclaimed any knowledge of the sale of drugs by any other member of her household, and denied ever smoking marijuana while on duty. Appellant also reiterated her belief that the contraband may have been planted in her home by a revenge-minded ex-boyfriend. 1
On April 14, 1982, appellant's then immediate supervisor, Sgt. Gary McCready, prepared an incident report on the results of the Internal Affairs investigation. The report noted that in light of the findings, appellant was in violation of the KCPD Rules of Conduct and hence subject to discipline. Sgt. McCready therefore recommended that discipline be imposed. Appellant reviewed and signed this report. The report and the investigation file were then sent up the KCPD chain of command where they were reviewed by appellant's Shift Commander, Division Commander, and Bureau Commander. Each of these individuals recommended disciplinary action.
On April 21, 1982, after reviewing the Internal Affairs investigation file, 2 including all the reports and statements made in connection with that investigation, respondent Caron concurred in the findings and recommendations of appellant's commanders, and assessed a ten-day suspension without pay. Chief Caron advised appellant of the suspension by letter, dated April 22, 1982. The suspension was operative from April 29, 1982 through May 10, 1982.
On May 4, 1982, appellant requested that the suspension assessed by Chief Caron be reviewed by respondent Board of Police Commissioners pursuant to § 84.610, RSMo 1978. That section provides:
Any police officer, policeman or employee adversely affected by any action taken by the chief which he is required to report to the board under the provisions of subdivision (1) of section 84.500 shall have the right to have such action of the chief of police reviewed by the police board upon filing with the secretary of the board within ten days after the effective date of such action a written request for review by said police board. Whereupon the police board shall grant a public hearing within fifteen days after the filing of such request. The board shall have the power to inquire into all the facts and circumstances pertaining to such action and may compel the attendance of witnesses by subpoena at the request of either the police officer, policeman or employee involved, the chief of police or any member of the board. The board shall have the power upon such hearing to affirm, modify or reverse such action of the chief and may make such other orders as the board may deem necessary. The board shall report all decisions in writing to the chief of police and to the officer or employee involved. Each decision of the police board in such cases shall be final and not subject to review by any court. (Emphasis added.)
Section 84.500(1), RSMo 1978, provides, in pertinent part, that the Chief of Police shall:
Have the power to appoint, subject to approval of the board, and shall have the power to promote, discipline and suspend all police officers and policemen. The chief shall also have the power to appoint, subject to the approval of the board, and to promote, discipline, suspend or discharge such employees of the police department other than police officers or policemen as may be specified by resolution of the board. A report of all such actions taken (other than suspensions of less than fifteen days) shall be submitted to the board at its next meeting). (Emphasis added.)
On May 10, 1982, respondent Board of Police Commissioners notified appellant that because her suspension was for less than fifteen days, she was not entitled to a hearing before the Board under § 84.610. Appellant brought this action. The parties each filed motions for summary judgment. The trial court sustained respondents' motion.
Appellant argues that her constitutionally protected...
To continue reading
Request your trial
-
Parmley v. Missouri Dental Bd.
...The threshold determination in equal protection claims is to ascertain the proper standard of review. Recently, in Belton v. Board of Police Commissioners, 708 S.W.2d 131, 139 (Mo. banc 1986), it was stated In equal protection claims the first step is to ascertain whether the statutory sche......
-
Jamison v. STATE, DIV. OF FAMILY SERVICES
...the additional or substitute procedural requirement would entail. Mathews, 424 U.S. at 335, 96 S.Ct. 893; accord Belton v. Bd. of Police Comm'rs, 708 S.W.2d 131, 135, 137 (Mo. banc The United States Supreme Court has consistently held "that some form of hearing is required before an individ......
-
Callier v. Director of Revenue, State of Mo.
...analysis a classification will be upheld if any state of facts can be reasonably conceived which would justify it. Belton v. Board of Police Com'rs, 708 S.W.2d 131, 139 (Mo. banc 1986) (citations omitted). See also Collins v. Director of Revenue, 691 S.W.2d 246 (Mo. banc 1985); Simpson v. K......
-
Wooten v. Pleasant Hope R-VI School Dist.
...a unilateral expectation of it; the person must have a legitimate claim of entitlement to it. See Belton v. Board of Police Comm'rs. of Kansas City, 708 S.W.2d 131, 136-37 (Mo. 1986) (en banc). Property interests are not created by the Constitution — they are created and delineated by exist......