Sieg v. Civil Service Com'n of City of West Des Moines

• Decision Date: 21 December 1983
• Docket Number: No. 69638,69638
• Parties: David SIEG, Appellee, v. CIVIL SERVICE COMMISSION OF the CITY OF WEST DES MOINES, Iowa, Appellant.
• Court: Iowa Supreme Court

Page 824

342 N.W.2d 824

David SIEG, Appellee, v. CIVIL SERVICE COMMISSION OF the CITY OF WEST DES MOINES, Iowa, Appellant.

No. 69638.

Supreme Court of Iowa.

Dec. 21, 1983.

Jack W. Rogers of Putnam, Putnam & Rogers, Des Moines, for appellant.

Neil A. Barrick, Robert E. Conley, P.C., Des Moines, for appellee.

Considered by REYNOLDSON, C.J., and UHLENHOPP, McCORMICK, SCHULTZ and WOLLE, JJ.

SCHULTZ, Justice.

The Civil Service Commission of the city of West Des Moines, Iowa, (Commission) appeals from a district court judgment reversing the Commission's decision to terminate the employment of David Sieg, a West Des Moines policeman. After a trial de novo, pursuant to Iowa Code section 400.27, the district court ordered Sieg reinstated as a police officer with full seniority rights, back pay, and fringe benefits. Although the trial court determined that Sieg was guilty of misconduct, it concluded that termination was too harsh since Sieg's actions were not such a substantial shortcoming that his continued employment as a police officer would impair the discipline and efficiency of the police department. Because we disagree with these conclusions, we reverse.

The present controversy was precipitated by a previous one-day suspension received by Sieg in November of 1981. Sieg, who had been employed three years as a patrolman, was on duty with a senior patrolman, Ronald Woods. The event that led to the suspension occurred when Sieg drove his patrol car away from a gas pump while the hose was still connected to the car. As a result, the hose was torn away from the pump and the car was slightly damaged. Because of this incident, Woods recommended that Sieg be suspended for one day.

After the suspension, Sieg apparently made it obvious that he was displeased with Woods. When his sergeant learned of the animosity, he warned Sieg not to take matters into his own hands and advised him to pursue proper avenues if he felt he had been wronged by the suspension. The sergeant testified that during this conversation, Sieg referred to Woods "as a little s.o.b. or words to that effect" and that after the warning, Sieg responded "you gotta do what you gotta do."

Shortly after the talk with his sergeant, Sieg, in the presence of another officer, confronted Woods in the locker room of the police station prior to going on duty. In particular, he demanded an explanation from Woods concerning his recommendation to suspend Sieg for the gas pump incident. Woods indicated that it was an asinine stunt. Sieg then let loose a torrent of profane and sexual epithets. While we do not feel a need to repeat verbatim this derogatory gutter language, essentially, Sieg referred to Woods in the most base and demeaning terms and impliedly threatened to get even with him for recommending Sieg's suspension. Woods testified that he construed these comments as disrespectful, discourteous, and a threat.

Woods reported the locker room incident to his superior, a sergeant. Following an investigation, the sergeant concluded that Sieg failed to utilize the prescribed procedure for appealing his one-day suspension, threatened Woods and violated police regulations. The sergeant and a police lieutenant subsequently recommended to the police chief that Sieg be given a 30-day suspension and placed on probation for one year. After complying with the required procedures, this recommendation was put into effect.

When the lieutenant informed Sieg of his suspension, Sieg replied, "What? ... I can't believe it! I don't have any respect for the chief or the lieutenants, including you." The lieutenant asked him to leave the office, and Sieg expressed his irritation noting that "this will be in the paper." He then made remarks to another officer who was standing nearby and threw the suspension letter at him and stated, "Read this, ... this is a circus around here."

Sieg appealed his suspension to the Commission. After an evidentiary hearing, the Commission concluded:

The coarse, profane, indecent and insolent language used by Officer David Sieg and directed to Officer Douglas Woods, acting supervisor, while in the locker room of the Public Safety Building constituted disrespect and discourtesy to a superior officer, and insubordination.

Officer David Sieg's actions constituted misconduct and disobedience within the meaning of Chapter 400.18 of the Code of Iowa.

Insolence, disobedience, misconduct, insubordination, and disrespect and discourtesy to superior officers, cannot and should not be tolerated within the Police Department of the City of West Des Moines.

In view of these findings, the Commission modified the department's decision to suspend Sieg and instead ordered his termination.

Sieg next appealed to the district court and asked that the Commission's decision be reversed, that he be reinstated with full compensation for the period of his suspension and removal, and that he be granted other equitable relief. In his petition he claimed that the Commission's decision was arbitrary, capricious, and not supported by substantial evidence, and that it violated his right of free speech as guaranteed by the Constitution of the United States. After a trial de novo, the district court agreed that Sieg's actions constituted misconduct, but it overruled the Commission's decision to terminate him.

The final ruling or decision of the Civil Service Commission is appealable to the district court. Iowa Code § 400.27. When appealed, the matter is heard de novo by the district court as an action in equity. Id. Our review of the district court's ruling is de novo and though we give weight to the trial court's findings of fact, we are not bound by them. Millsap v. Cedar Rapids Civil Service Commission, 249 N.W.2d 679, 684 (Iowa 1977).

At this point, we note that Sieg has not challenged the procedures adopted by the Commission in effecting his discharge or even its authority to substantially increase his punishment and terminate him. The Commission does have original jurisdiction to suspend, demote, or discharge a police officer for neglect of duty, disobedience, misconduct, or failure to properly perform his duties. Iowa Code § 400.18. This power is separate from and independent of the authority of the appointing power or police chief to peremptorily suspend, demote, or discharge a subordinate officer for the same reasons. Iowa Code § 400.19. Prior cases suggest that the Commission also has the power to remove an officer even though the appointing power or chief did not peremptorily remove him or concur in the discharge. See, i.e., O'Conner v. Youngblade, 250 Iowa 808, 812-13, 96 N.W.2d 457, 460 (1959); Fetters v. Guth, 221 Iowa 359, 365, 265 N.W. 625, 628 (1936); Mohr v. Civil Service Commission, 186 Iowa 240, 245, 172 N.W. 278, 279 (1919). Since Sieg did not raise this issue, it is not properly before us, and we have no occasion to discuss the propriety of the procedures employed by the Commission to effect his discharge. We now turn to a consideration of the issues properly raised by this appeal.

I. The Commission contends the trial court erred in failing to uphold its decision since there were fair and reasonable grounds upon which to sustain them. Specifically, the Commission claims, citing Patch v. Civil Service Commission of the City of Des Moines, 295 N.W.2d 460 (Iowa 1980) and McCormack v. Civil Service Commission of Cedar Falls, 315 N.W.2d 855 (Iowa App.1981) that the district court is bound to give weight to its decision. The district court and Sieg, on the other hand, indicate that the trial court should give weight to the Commission's findings but is not bound by them. They cite Millsap v. Cedar Rapids Civil Service Commission, 249 N.W.2d 679 (Iowa 1977). We cannot agree with the Commission's assertion or Sieg's concession that it is mandatory on the district court to give weight to the Commission's decision or findings when it acts in an adjudicatory capacity.

By stipulation, the factual record made before the Commission constituted the record in the district court in Millsap. Id. at 681. However, the trial court still reviewed the entire record de novo. In reviewing the trial court's ruling, we made no statements that the lower court was required to give weight to the Commission's findings. We did indicate that our own review was de novo and that we give weight to the trial court's findings. Id. at 683. See also Matter of Fairbanks, 287 N.W.2d 579, 581 (Iowa 1980) (where we repeated this language without indicating the trial court should give weight to the Commission's determination). Consequently, Millsap cannot be read as requiring the district court to give weight to the Commission's findings. The Commission's reliance on Patch and McCormack is also misplaced.

The legislature has prescribed various duties to the Commission. It has given the Commission executive or administrative authority to act upon the examination of job applicants, Iowa Code § 400.8; on competitive promotional exams, Iowa Code § 400.9; and to certify names of qualified applicants to the appointing power, Iowa Code § 400.11. The Commission also has adjudicatory and appellate responsibilities. For instance, the Commission has original jurisdiction to suspend, demote, or discharge civil service employees. Iowa Code § 400.18. It also is empowered to hear appeals from peremptory suspension, demotion or discharge of civil service employees. Iowa Code § 400.20. When acting in an appellate capacity, the Commission may affirm, modify or reverse any case on its merits. Iowa Code § 400.27.

The Commission's decisions, both executive actions and adjudicatory rulings, are appealable to the district court. Id. Prior to 1969 such rulings were subject to challenge by certiorari, an action in which only legal questions rather than factual matters were reviewed. Klein v. Civil Service Commission, 260 Iowa 1147, 1150, 152 N.W.2d 195, 196 (1967). In 1969, however, the legislature amended the...