Hutchison v. Cartwright
| Decision Date | 14 November 1984 |
| Docket Number | No. 18954,18954 |
| Citation | 692 P.2d 772 |
| Parties | Clarence E. HUTCHISON, Plaintiff and Appellant, v. G. Lynn CARTWRIGHT, Beaver County Sheriff, and Board of Commissioners of Beaver County, State of Utah, Defendants and Respondents. |
| Court | Utah Supreme Court |
Willard R. Bishop, Cedar City, for plaintiff and appellant.
John O. Christiansen, County Atty., Beaver, for defendants and respondents.
Appellant seeks reversal of a summary judgment rejecting his claim that he was wrongfully suspended and subsequently dismissed from his position as Beaver County jailer, that the proper Beaver County policies and procedures were not followed in his discharge, that the state's open meetings law was not complied with, and that he was entitled to reinstatement and damages. We affirm the trial court.
In 1976, Clarence E. Hutchison, appellant, was hired as a deputy sheriff and jailer by the then Beaver County sheriff, Dale E. Nelson. Nelson later died and was replaced by respondent G. Lynn Cartwright. In May of 1981, Cartwright terminated appellant's employment as a deputy sheriff, although appellant continued as county jailer.
On February 11, 1982, appellant's deposition was taken in a civil action in which appellant was a named defendant. Appellant's conduct at the deposition was marked by conflict with both the plaintiff's attorney and the attorney provided by Beaver County to represent him. (The briefs and record are silent regarding the nature of the suit and the details of the conflicts arising at the deposition.) Five days later, after a meeting of respondent Beaver County Commission that was attended by Cartwright, Cartwright told appellant he was suspended from his position as county jailer. Three days later, Cartwright confirmed in writing that he had suspended appellant, citing as justification relevant provisions of the Beaver County Personnel Policy. Those provisions outline available disciplinary procedures for county personnel and provide that an employee is subject to "immediate dismissal" for "[i]ndulging in offensive conduct or using offensive language toward the public or toward the County officers or employees."
In early March, following an investigation of the matter and discussion with the Beaver County Commission, Cartwright wrote appellant and stated that he was making the suspension permanent. In response, appellant filed a formal grievance under the provisions of the Beaver County Personnel Policy for improper suspension and termination of employment, seeking reinstatement and payment of lost wages. The grievance was heard before the Beaver County Commission on April 1, 1982. All parties were present. Appellant was not reinstated. He sought judicial review in the district court for Beaver County, raising the same issues presented for our consideration on appeal. The district court entered summary judgment against him on all claims, finding that all necessary procedures for his suspension and dismissal were followed.
Appellant's initial contention is that the sheriff had no authority to dismiss him without cause and without the concurrence of the Beaver County Board of Commissioners. This argument lacks merit. First, the record establishes that appellant's misconduct precipitated his dismissal. Appellant failed to controvert Cartwright's statement that he engaged in "serious conflict and argument" with counsel for Beaver County at the February 11th deposition. This Court has previously recognized that a sheriff may dismiss a deputy where the deputy "has been guilty of misconduct ...." Fowler v. Gillman, 76 Utah 414, 429, 290 P. 358, 364 (1930).
Second, the sheriff had authority to dismiss appellant without the approval of the board of commissioners. This issue was considered in Sheriff of Salt Lake County v. Board of Commissioners of Salt Lake County, 71 Utah 593, 268 P. 783 (1928). There the Court dealt with the question of whether county commissioners could suspend or dismiss deputy sheriffs against the will of the sheriff. In holding that the commissioners could not, the Court stated that unless otherwise controlled by statute, the power to suspend or dismiss is ...
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