Patrick v. City of Jennings

• Court: Missouri Court of Appeals
• Writing for the Court: Patricia L. Cohen
• Citation: Patrick v. City of Jennings, 295 S.W.3d 921 (Mo. App. 2009)
• Decision Date: 03 November 2009
• Docket Number: No. ED 92500.,ED 92500.
• Parties: David PATRICK, Respondent, v. CITY OF JENNINGS, Appellant.

295 S.W.3d 921

David PATRICK, Respondent, v. CITY OF JENNINGS, Appellant.

No. ED 92500.

Missouri Court of Appeals, Eastern District, Division Two.

November 3, 2009.

David S. Davis, St. Louis, MO, for appellant.

Kevin J. Dolley, St. Louis, MO, for respondent.

PATRICIA L. COHEN, Judge.

Introduction

The City of Jennings appeals from the judgment of the Circuit Court of St. Louis County reversing the Police Personnel Board's (Board) decision to suspend Sergeant David Patrick (Patrick) for three days without pay. On appeal, Patrick contends that the trial court did not err in reversing the Board's decision because: (1) the Board's suspension decision violated his rights to procedural due process under Article 1, Section 10 of the Missouri Constitution and Amendment 14 of the U.S. Constitution in that he did not receive proper notice of the basis for his suspension; and (2) the Board's suspension decision was not supported by competent and substantial evidence.¹ We reverse the judgment of the trial court and remand with instructions to reinstate the Board's decision.

Factual Background and Proceedings Below

On August 13, 2007, the Jennings City Council suspended Patrick, a commissioned police officer with Jennings, for five days without pay due to Patrick's involvement in an off-duty altercation with fellow Jennings police officer, Officer Joseph Goad (Goad). Upon receiving notice of the City Council's suspension decision, Patrick notified Jennings by letter of his intent to appeal the decision and requested a hearing before the Board pursuant to the Jennings City Code.² In his letter, Patrick claimed that his notice of suspension failed to provide the factual basis for the City Council's suspension decision.³ Thereafter, the City Council approved a more detailed statement setting forth the reasons for its suspension decision, which the City Clerk sent to Patrick in a letter dated August 29, 2007. The letter contained the following information:

A majority of the members of the Jennings City Council found that your actions on July 15th at #2 Karington Court in O'Fallon, Missouri constituted "misbehavior" and violated rules and regulations # 16.1 (conduct) for the following reasons:

According to the statement given to the Jennings Police Department by Jeanie Medlock, the resident at whose home the incident took place, Ms. Medlock asked Sgt. Patrick to get in his car and leave her residence, after which Patrick picked up her son Austin and then turned and punched Officer Joseph Goad. According to the statement given to the O' Fallon Police Department by Jeanie Medlock, as Sgt. Patrick swung her son around to pick him up. Sgt. Patrick punched Officer Goad.

Also according to the statement given to the Jennings Police Department by Jeanie Medlock, later in the day, Sgt. Patrick returned to Ms. Medlock's house and got out of his car, confronting Officer Goad (who was there at the request of Ms. Medlock). Sgt. Patrick was asked to leave but refused. Ms. Medlock then told Sgt. Patrick not to call her or come by her house again or she would apply for an order of protection.

(emphasis in the original). Along with the letter, the City Clerk provided Patrick with a copy of the packet of information the Jennings City Council reviewed in reference to his suspension. The letter also informed Patrick that he could review his personnel file at the city hall or police department at any time.

The Board held its hearing for Patrick's appeal on October 24, 2007. At the hearing, Jennings offered testimony from Goad and Jeanie Medlock, who was a former friend of Patrick and Goad's then-girlfriend (currently his fiance), as well as an eye-witness to the July 15, 2007 incident. Patrick testified in his own behalf. The evidence before the Board revealed the following:

Patrick was a commissioned police officer with Jennings for approximately the past nine and a half years. In March 2005, Patrick met and became friends with Ms. Medlock, a police clerk for Town and Country and a single mother of three. Patrick and Ms. Medlock would talk on the phone and exchange text messages, but they did not have a romantic relationship as Patrick was engaged to another woman (to whom he is now married) at the time he met Ms. Medlock.

In April 2007, roughly two years after she met Patrick, Ms. Medlock began dating Goad. At that time, Patrick was Goad's supervisor. Goad informed Patrick that he "wasn't very happy" with Patrick's relationship with Ms. Medlock. In response Patrick told Goad that if he had any "questions, comments or concerns" about his relationship with Ms. Medlock that he "take it up directly to her" and that he would not discuss with him any "personal intimate matters" of their relationship. Thereafter, Goad requested a transfer from Patrick's shift claiming that Patrick was mistreating him and "abusing his power as a supervisor." In June 2007, Goad received his transfer.

On July 1, 2007, at approximately 9:00 p.m., Patrick visited Ms. Medlock at her home. During the visit, Ms. Medlock received a text message from Goad indicating that he was on his way to her house. To avoid "any problems", Patrick asked Ms. Medlock to send a text message telling Goad not to come over while he was there. Ms. Medlock sent the text, but Goad did not believe her because he thought she was not talking to Patrick anymore.

Soon thereafter, Goad arrived at Ms. Medlock's house and pulled his car into the driveway behind Patrick's vehicle. At that time, Patrick, Ms. Medlock, and two of her children were outside near the garage. Goad exited his car and asked Patrick what he was doing at his girlfriend's house so late at night, to which Patrick responded, "I don't need your permission to be here, if you have a problem with me being here talk to your girlfriend, it doesn't concern you." Patrick walked over to his car and leaned on the hood, and Goad continued asking Patrick why he was there. Dismissively, Patrick replied with statements such as, "Joe, it doesn't concern you why I'm here." Patrick admitted that he knew his responses to Goad's questions "pissed him off."

As Patrick and Goad's conversation became more heated, Ms. Medlock stepped between the two men. Believing that Patrick was yelling at his mother, Medlock's five-year-old son, Austin, approached Patrick and said, "Don't yell at my mommy." Patrick continued yelling and Austin kicked Patrick in the shin. With respect to subsequent events, the witnesses' testimony significantly differs.

Goad and Ms. Medlock generally agreed that after Austin kicked Patrick, Patrick picked up Austin and turned around and punched Goad. Patrick and Austin then "somehow" fell on Patrick's car and Patrick released Austin. Ms. Medlock grabbed Austin and escorted him inside the house while Patrick and Goad began to fight. At some point during the fight, both men fell to the ground and Patrick began punching Goad in the face. When Ms. Medlock returned, she lied and told the two men that she had called the police. Patrick and Goad stopped fighting and left in their cars. Goad later returned after Ms. Medlock had called and asked him to come back.

In Patrick's version of the night, he picked up Austin in order to remove him from the hostile situation. After he grabbed Austin, Goad struck Patrick from behind pushing Patrick and the child against Patrick's car. Patrick released Austin, and then turned around and "threw a punch in defense." Subsequently, a "fight ensued." During the fight, Ms. Medlock announced that she had called the police. By that time, Patrick and Goad "were in an altercation on the ground." Patrick testified that "as soon as [he] heard the police were being called", he held Goad down by his arm and said, "Joe let's forget about this, the police are on their way, let's forget about it." Goad, however, continued to "scratch and bite." After Goad eventually calmed down, Patrick released him and stood up. As Patrick began walking to his car, Goad attacked Patrick from behind. Patrick turned around and "struck [Goad] in the face" and the two men fell to the ground again. Ultimately, the two men separated and Patrick got in his car and left.

According to Patrick, while he was driving home he decided to return to Ms. Medlock's residence and explain to her why he "didn't agree with her relationship with [Goad], his age difference, the immaturity level and he has an attitude problem." When Patrick arrived, he saw Ms. Medlock and Goad sitting on the front porch. Goad asked Patrick to leave and Patrick replied, "I'm here to talk this out." Ms. Medlock then demanded that Patrick leave or she would call the police. Patrick approached Ms. Medlock and asked her "is this really what you want?" She answered yes and again asked him to leave. Patrick complied.

That night, Ms. Medlock reported the incident to the O'Fallon Police Department. An officer responded to Ms. Medlock's residence and took a statement from Ms. Medlock and Goad. Thereafter, Patrick received a call from the O'Fallon Police Department, and Patrick drove to the O'Fallon police station and gave a statement. The O'Fallon Police Department subsequently prepared an incident report, but no criminal charges or arrests followed.

At the hearing, Jennings introduced as one of its exhibits, a certified copy of the minutes from the Jennings City Council's August 27, 2007 meeting. The minutes set forth the factual basis for City Council's suspension decision, which was identical to the factual basis included in the notice the City Clerk sent to Patrick on August 29, 2007. A caption above the minutes stated: "Statement approved by the Jennings City Council on August 27, 2007 in reference to the suspension of Sgt. Patrick and referred to in the minutes of that meeting." Counsel for Patrick objected to the exhibit claiming that neither he nor his client had previously received a copy of the City Council's minutes. Ultimately, the Board accepted the exhibit.

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