Gibbons v. Bond, 81-0313-CV-W-5.

• Decision Date: 01 September 1981
• Docket Number: No. 81-0313-CV-W-5.,81-0313-CV-W-5.
• Citation: 523 F. Supp. 843
• Parties: Lawrence M. GIBBONS, et al., Plaintiffs, v. Christopher S. BOND, et al., Defendants.
• Court: U.S. District Court — Western District of Missouri

523 F. Supp. 843

Lawrence M. GIBBONS, et al., Plaintiffs, v. Christopher S. BOND, et al., Defendants.

No. 81-0313-CV-W-5.

United States District Court, W. D. Missouri, W. D.

September 1, 1981.

COPYRIGHT MATERIAL OMITTED

Arthur A. Benson, II, Benson & McKay, Kansas City, Mo., for plaintiffs.

Paul R. Otto, Asst. Atty. Gen., Jefferson City, Mo., for defendants.

ORDER AND MEMORANDUM

SCOTT O. WRIGHT, District Judge.

The six plaintiffs, members of the Democratic party, have been removed or threatened with removal¹ from their jobs as Branch Managers for the Missouri Department of Revenue by the recently installed Republican Administration headed by the defendants. The plaintiffs allege that the defendants have removed or conspired to remove them from their jobs as Branch Managers in violation of the First, Fifth and Fourteenth Amendments to the Constitution, and Sections 1983, 1985, 1986 and 1988 of Title 42 of the United States Code. Two plaintiffs, Gibbons and Moynihan, request permanent injunctive relief restoring them in their jobs with back pay, and legal relief in the form of compensatory and punitive damages. Plaintiffs McLiney, Miller, Payne and Wren request permanent injunctive relief preventing their threatened dismissal, together with legal relief in the form of compensatory and punitive damages. The defendants raise two alternative defenses in support of their decisions to dismiss each of the plaintiffs from their jobs as Branch Managers. As their first defense, the defendants state that political affiliation was neither the sole nor the substantial motivating cause of defendant James' decision to terminate the plaintiffs. In the alternative, the defendants contend that even if this Court finds that political affiliation was the sole cause, political affiliation is an appropriate requirement for the effective performance of the job of Branch Manager.

Trial was held before this Court on August 17, 1981. After careful consideration of the evidence, the Court finds that, under color of state law, defendant James' decision to terminate the plaintiffs was wholly motivated by the political affiliation of the plaintiffs, that political affiliation is an inappropriate requirement for the effective performance of the job of Branch Manager, that the defendants are to be permanently enjoined from removing the plaintiffs from their Branch Managers' job on account of their political affiliation, that plaintiffs Gibbons and Moynihan are to be reinstated by the defendants, and that the plaintiffs are entitled to their reasonable attorney's fees and expenses.

FINDINGS OF FACT

1. Christopher S. Bond, running on the Republican Party ticket, defeated former Missouri Governor Joseph P. Teasdale, running on the Democratic Party ticket, in the

general election of November, 1980. Defendant Bond was inaugurated governor on January 12, 1981.

2. Governor Christopher S. Bond appointed Ray James as Director of Revenue on January 12, 1981. Director James was confirmed by the Senate on January 12, 1981.

3. The Director of Revenue has overall management responsibility of the Department of Revenue and reports to the Governor.

4. The Department of Revenue has four operating divisions, each headed by a division director who is appointed by and responsible to the Director of Revenue. One of the four divisions, the Division of Motor Vehicle and Licensing, is composed of three bureaus, each of which is headed by a Bureau Manager and an Assistant Bureau Manager. Of the three bureaus, the Field Services Bureau supervises the Branch Offices which are headed by the Branch Manager.

5. There are twelve branch offices, one located in each of the following areas of Missouri: St. Joseph; Springfield; Columbia; Jefferson City; Independence; Kansas City; Joplin; Ferguson-Florissant (St. Louis County); Rockhill (St. Louis County); Raytown; and two in St. Louis.

6. Each branch office sells titles and licenses for automobiles, trucks, buses and boats, and licenses for individual drivers; collects state sales taxes and fees on those licenses; and coordinates the sale and collection with local and county governmental agencies.

7. In addition to the Branch Manager, the branch offices are staffed with assistant managers, section leader, clerical group leader, clerk and custodial workers. Clerks are classified as clerk, audit clerk or cashier. While all branch offices have a manager and clerks, only some of those offices have employees of the other classifications. Assistant managers, section leader, and clerical group leader are supervisory personnel of a lower classification than manager.

8. The job description, in effect on the day of the trial, requires, in part, that the Branch Manager seek "administrative and policy directions from a superior in the central office" located in Jefferson City. The Job Description is set out fully in the margin.²

9. On February 7, 1980, former Governor Joseph P. Teasdale submitted Reorganization Plans 1, 2, 3 and 4 by Executive Orders 804, 805, 806 and 807, providing for the application of the merit system for various state employees. Plan 2 concerned the employees of the Division of Motor Vehicle and Licensing and did not exempt branch managers from its provisions. The Missouri General Assembly did not enact these plans.

10. On January 21, 1981, Governor Christopher S. Bond, a defendant in this lawsuit, submitted Reorganization Plan No. 1 of 1981 to the Missouri General Assembly which would provide a system of hiring and retaining employees in the Department of Revenue on a merit basis. The Bond Plan exempted branch managers from its provisions. The General Assembly did not enact the Plan. Branch Managers are not protected by the Merit System statutes of Missouri with respect to discharge from employment.

11. Plaintiff Lawrence M. Gibbons was appointed manager of the Independence branch office May 2, 1977. He was terminated as a branch manager by defendant James by way of a letter dated March 9, 1981. His termination was effective April 17, 1981.

12. Plaintiff Margaret B. Moynihan was appointed manager of the Raytown branch office June 1, 1977. By letter dated March 16, 1981, she was terminated by defendant James. Her termination was effective April 17, 1981.

13. Plaintiff Norma Miller was appointed manager of the Jefferson City branch office on May 18, 1977. By letter dated February 18, 1981, defendant Ray S. James informed her that she would be terminated as a branch manager. The termination was later suspended by James pending the outcome of the present litigation.

14. Plaintiff Mary McLiney was appointed manager of the Kansas City branch office March 16, 1977. By letter dated May 15, 1981, defendant James informed her that she would be terminated as branch manager. The termination was later suspended by James pending the outcome of the present litigation.

15. Plaintiff Melvin E. Payne was appointed manager of the Springfield branch office on June 6, 1977. By letter dated May 21, 1981, defendant James informed him that he would be terminated as branch manager. The termination was later suspended by James pending the outcome of the present litigation.

16. Gerald F. Wren was appointed manager of the South Kingshighway branch office in St. Louis, Missouri. By letter dated March 14, 1981, defendant James informed him that he would be terminated as branch manager. The termination was later suspended pending the outcome of the present litigation.

17. When defendant Bond was inaugurated governor on January 12, 1981, plaintiff branch managers were either Democrats who had originally been appointed branch managers under the previously Democratic administration or were persons who had been sponsored by politically active Democrats.

18. All plaintiffs presently consider themselves to be affiliated with the Democratic Party and were supporters of former Governor Joseph P. Teasdale in his bid for reelection in 1980.

19. On April 13, 1981, Shirley A. Ross became manager of the branch office of Independence, Missouri. She was appointed by defendant James, affiliated with the Republican Party and active in Republican politics prior to the time of her appointment.

20. On April 20, 1981, Clarr B. Carter was appointed manager of the Raytown branch office. Beginning in 1975, she had been employed in several capacities at the Raytown branch office, including Assistant Branch Manager and Clerical group leader. She had been retained by the former Teasdale administration.

21. Defendant James plans to replace plaintiff Payne with Donald Hawkins as manager of the Springfield branch office. Mr. Hawkins was active in the gubernatorial campaign of defendant Bond in 1980.

22. Defendant James plans to replace Gerald F. Wren with Vernon Schmidt.

23. Defendant James plans to replace Norma Miller with Dora Dale Mittenberg who has been active in Republican politics.

24. Defendant James is and has been an active Republican for more than seventeen years.

25. Defendant James told Kansas City Times Reporter Mark Slinkman that the managers of all 12 branch offices will be replaced solely on account of their political affiliation and that their political firings are permitted by federal court decisions on patronage because the managers hold administrative, policymaking positions.

26. Plaintiff McLiney telephoned defendant James with regard to his statements made to Reporter Slinkman. McLiney was told by James that she was doing a good job. James subsequently terminated her.

27. Defendant James told Independence Examiner Reporter Pat Kelly that the decision to fire plaintiff Gibbons and replace him with Shirley Ross was totally political and that Gibbons' performance was not a factor.

28. Defendant James' interview with Reporters Slinkman and Kelly took place approximately one month before this lawsuit was commenced.

29. Each plaintiff was performing his or her job satisfactorily, or better than satisfactorily, under...