Cantwell v. City of Boise

• Decision Date: 17 July 2008
• Docket Number: No. 34283.,34283.
• Citation: 146 Idaho 127,191 P.3d 205
• Parties: Jonathan CANTWELL, Plaintiff-Appellant, v. The CITY OF BOISE, John Walhof, Richard Dees and William Nary, Defendants-Respondents.
• Court: Idaho Supreme Court

191 P.3d 205

146 Idaho 127

Jonathan CANTWELL, Plaintiff-Appellant, v. The CITY OF BOISE, John Walhof, Richard Dees and William Nary, Defendants-Respondents.

No. 34283.

Supreme Court of Idaho, Boise, June 2008 Term.

July 17, 2008.

Michael B. Schwarzkopf, Boise, for appellant.

Boise City Attorney's Office, Boise, for respondent. Scott B. Muir argued.

J. JONES, Justice.

Jonathan Cantwell brought suit against the City of Boise, claiming he was wrongfully terminated from his employment in the City's Public Works Department. His suit included claims against several fellow employees. The City moved for summary judgment on all claims and the district court granted the same. Cantwell appealed.

I. FACTUAL AND PROCEDURAL BACKGROUND

Jonathan Cantwell commenced employment with the City of Boise as a maintenance worker in the Public Works Department around February 1, 1994. On February 3, 1994, he acknowledged (1) receipt of a copy of the Boise City Employee Policy Handbook and (2) an understanding that the policies, rules and standards contained therein would be used to govern his employment with the City. On February 13, 2003, Cantwell acknowledged receipt of certain policy changes by the City, including revisions to its Harassment Policy, Due Process Procedure, and Problem Solving Procedure. Cantwell claims these documents constituted a binding employment contract between himself and the City.

On March 30, 2004, Larry Bryant, Cantwell's manager, informed Rich Dees, the Public Works Operations Manager, that Cantwell had acted inappropriately toward a coworker, Belinda Trapasso, the previous day. According to Bryant, Cantwell "cussed profusely" at Trapasso in response to her request that he complete his timesheet. Bryant then prepared a written reprimand and sent it to Dees for review. Dees apparently noticed the word "violence" in the reprimand and contacted Bryant for further explanation. Dees also contacted some of Cantwell's coworkers to question them about his recent behavior. Dees was concerned about what he heard and therefore contacted the Human Resources Division Manager, John Walhof. Walhof instructed the HR Advisor, Sarah Martin, to assemble a workplace violence assessment team to conduct an investigation. The City placed Cantwell on administrative leave while the assessment team conducted an investigation into his workplace behavior. At this time, Dees spoke with Cantwell, reminded him about the counseling services offered by the City's Employee Assistance Program (EAP), and strongly encouraged him to utilize those services.

Following his placement on leave, Dees and Martin interviewed four of Cantwell's coworkers, his supervisor, and an additional plant employee. They first interviewed Trapasso, who stated that Cantwell blew up when asked repeatedly to complete his timesheet. Trapasso indicated she had never witnessed violent behavior by Cantwell, other than yelling, and noted that his behavior had been escalating since his father died in December. In a written statement, another coworker present at the scene, Steve Lawler, described the exchange in more detail. Lawler claimed the conversation was a "one-way rant session that lasted several minutes."

Other coworkers detailed additional incidents. Ron Birkenbine told interviewers that Cantwell "has threatened people both inside and outside the City. ... His threats are very abrasive. He describes how he will shoot someone and then watch the blood spill out of their body." Birkenbine also claimed to have heard Cantwell say he was going to blow up City Hall. Birkenbine described an incident where he complained to Bryant because Cantwell refused to do a job. According to Birkenbine, Bryant said to let it go, and someone else had to do the job. Bryant stated that if Cantwell could control his temper he would be a good employee, but he did not know whether that would be possible.

Dees and Martin interviewed Cantwell on April 7. Cantwell had not yet contacted the EAP, but told them he planned to make an appointment later that day. Regarding the March 29 incident, Cantwell recalled getting "pretty bent out of shape" about the timesheet situation, but he did not recall saying anything threatening. Cantwell stated, "I'm not going to say I didn't, but I don't remember saying anything." He denied making a comment about blowing up City Hall. When asked if he ever stated he was "going to come to work and [annihilate] everyone," Cantwell claimed he "would never say [he was] going to do anything." Rather, he would have said, "I wish, or it wouldn't be bad if somebody did, or if this happened I wouldn't lose any sleep." He continued, "Obviously this type of behavior, shooting people, doesn't prove anything, and only gets you dead or in prison and I have no intention what-so-ever of going there." Cantwell did not recall ever seriously telling anyone he would not do a work assignment. He further stated that Bryant had never counseled him regarding his behavior.

Cantwell concluded by stating he was not upset with any particular individuals, but by the whole situation, including his personal life. Cantwell explained that his father had passed away six months ago, and that he had to care for his mother every day. This had been a great frustration, but the situation was improving. Cantwell did feel his coworkers were avoiding him in the past few months, and that it was "understandable given his emotional state." He was surprised when asked if he knew his coworkers were concerned with his potential for violent behavior. Cantwell further stated he had no hard feelings toward his coworkers for reporting this and that he understood why people were tired of it. Finally, when asked what he thought should happen, Cantwell said he should go to counseling, and would like the chance to clean up his act. He further said if he doesn't straighten up, he should be sent down the road, but that he would like to give it a shot.

On April 19, 2004, the City terminated Cantwell's employment based on the results of its investigation into his workplace conduct. Cantwell timely appealed his termination, requesting a grievance hearing, which was held before a hearing officer on May 25, 2004. In his findings of fact, the hearing officer noted "no evidence was introduced showing that Cantwell's job performance was unsatisfactory during this time and no disciplinary action was taken against Cantwell by the City as a result of his complaints." The hearing officer noted that, while some coworkers were concerned about Cantwell's talk of violence, others did not take his statements seriously. He specifically stated that Cantwell's supervisor did not take them seriously, considering the fact he took no action with regard to them, did not report them to anyone until the timesheet incident, and did not consider any of Cantwell's statements to constitute a direct threat to City employees. Based on these findings, the hearing officer concluded that Cantwell violated the City's general workplace harassment policy in connection with the Trapasso incident, but that termination was "unduly harsh." Nevertheless, he found the nature of the Trapasso incident to justify disciplinary action beyond a written reprimand, and ultimately concluded Cantwell should be suspended for 30 days and that he must offer sincere oral and written apologies prior to reinstatement.

As to the threat of violence, the hearing officer determined that Cantwell's alleged statements were more appropriately analyzed under the City's Workplace Violence Policy. On this front, the hearing officer noted the City failed to follow its own policy in that it failed to report or to address any of the alleged danger signals presented by Cantwell's statements and because the City's workplace violence assessment team was not properly constituted, changed over time, and did not include an EAP representative. Thus, the hearing officer concluded the City could not terminate Cantwell as a result of his violation of the Workplace Violence Policy. In reaching this conclusion, the hearing officer penned a paragraph, the interpretation of which is the crux of both parties' claims on appeal, and which provided the basis for the City's imposition of additional conditions for Cantwell's reinstatement. This paragraph states:

The Hearing Officer is mindful that by overturning Cantwell's dismissal, a potentially dangerous individual might be returned to the workplace. However, the Hearing Officer must decide the case he is presented with. Also, it is equally plausible that a properly constituted WVAT, one including an EAP team member, might devise a different intervention plan for Cantwell or recommend disciplinary action short of dismissal. Also, this Decision does not prohibit the City from pursuing disciplinary action against Cantwell for allegedly violating the workplace violence policy. The City has a right to proceed against Cantwell if it so chooses, in accordance with this Decision. If the City follows its workplace violence policy, and afterwards decides to discipline Cantwell for any violation of it, Cantwell has a right, if he so chooses, to subsequently contest that action pursuant to the City's due process procedures.

Following the hearing officer's decision, the City prepared a letter outlining certain requirements Cantwell would have to satisfy in order to return to work following his 30-day suspension (hereinafter the 6/17 Memo). In the 6/17 Memo, the City confirmed that it would reinstate Cantwell pursuant to the hearing officer's decision, and warned Cantwell it would not tolerate further inappropriate behaviors or retaliation of any kind. The City listed seven additional requirements for returning to work. They included a requirement that Cantwell undergo a fitness-for-duty evaluation by a specified doctor at the City's expense. This doctor would have to recommend that Cantwell was fit to return to the job. In addition, the City required...