Smith v. Board of County Com'rs of County of Sublette, 94-45

• Decision Date: 09 March 1995
• Docket Number: No. 94-45,94-45
• Citation: 891 P.2d 88
• Parties: Roland SMITH, Appellant (Plaintiff), v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF SUBLETTE; Sublette County Sheriff Jack N. Cain, in his official capacity; and Jack N. Cain, personally, Appellees (Defendants).
• Court: Wyoming Supreme Court

Page 88

891 P.2d 88

Roland SMITH, Appellant (Plaintiff), v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF SUBLETTE; Sublette County Sheriff Jack N. Cain, in his official capacity; and Jack N. Cain, personally, Appellees (Defendants).

No. 94-45.

Supreme Court of Wyoming.

March 9, 1995.

Ken M. McLaughlin, Pinedale, for appellant.

Sara E. Van Genderen and R. Michael Mullikin of Mullikin, Larson & Swift, Jackson, for appellees Bd. of County Com'rs, Sublette County, and Sublette County Sheriff Jack N. Cain in his official capacity.

Jeffrey A. Donnell of Davis, Donnell, Worrall & Bancroft, Worland, for appellee Jack N. Cain personally.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.

GOLDEN, Chief Justice.

Appellant, a former deputy sheriff who voluntarily resigned following the placement of a letter of reprimand in his personnel file, appeals the trial court's order granting summary judgment to the Sublette County Sheriff and the Sublette County Commissioners on his due process and equal protection violation claims. Appellant also challenges the trial court's entry of summary judgment against his claim that the county wrongfully denied him compensation for the overtime and mileage expenses he incurred traveling to and from his duty station.

We affirm.

ISSUES

Appellant presents the following issues for our review:

I. Did the district court err in granting summary judgment to appellees regarding appellant's claims for violation of his right to equal protection of law?

II. Did the district court err in granting summary judgment to appellees regarding appellant's claims for violation of his right to due process of law?

III. Did the district court err in granting summary judgment to appellees regarding appellant's claims for overtime and mileage incurred in traveling to and from his duty station?

FACTS

Appellant, Roland Smith (Smith), was first appointed deputy sheriff in 1986 by Sublette County Sheriff Slatter. Following the 1986 election, appellee, Sheriff Jack Cain (Cain), reappointed Smith to the position of deputy sheriff. Smith and three other employees of the Sublette County Sheriff's Office unsuccessfully opposed Cain in his 1990 bid for re-election, and Smith continued in his position as deputy sheriff under Cain after the 1990 election.

In July, 1991, Cain reorganized the Sublette County Sheriff's Office, resulting in the elimination of Smith's position in rural patrol. Cain subsequently offered two deputies, Smith being one of them, the option of accepting a position at the Big Piney/Marbleton duty station or being terminated. Smith lived in Pinedale, the county seat, but opted to work at the Big Piney/Marbleton station, requiring him to commute seventy miles round trip. Cain informed Smith, when he accepted the assignment in Big Piney, that Smith would have to use his own vehicle and commute on his own time, as would the other deputy who accepted the Big Piney/Marbleton assignment.

On December 31, 1991, Cain informed Smith, by letter, that Cain had ordered an investigation of Smith for alleged misuse of county telephones. The letter further informed Smith that he would be suspended from patrol duty while the investigation was ongoing. Smith was assigned to detention and other non-patrol duties during his suspension and continued to receive his regular pay and benefits.

Upon receiving the letter advising him of the investigation, Smith became ill and requested sick leave which was granted for the remainder of his shift. Later that evening, while still on sick leave, Smith went to a bar where he drank until two or three o'clock the next morning. Smith incorrectly logged this time on his time sheet as holiday leave, rather than sick leave.

On February 2, 1992, Cain issued to Smith a letter of reprimand which was being placed in Smith's personnel file. The letter cited four grounds for the reprimand: misuse of county telephones, misuse of sick leave and falsification of time sheets (relating to the December 31, 1991 incident), and inappropriate conduct in a public place. The letter of reprimand contained a form on which Smith could acknowledge receiving the letter and on which he could respond in writing to the matters alleged. Smith refused to sign or write anything and was returned to regular duty on February 2, 1992.

After receiving the letter of reprimand, Smith filed a petition for hearing under the Wyoming Administrative Procedures Act and the Sublette County Sheriff's Department regulations. On February 24, 1992, Cain issued a letter denying the petition for hearing. On September 25, 1992, Smith filed a complaint against Cain, personally and in his official capacity as sheriff, and against the Board of County Commissioners of Sublette County alleging numerous claims, including violations of Smith's rights to due process and equal protection of the law and wrongful refusal to compensate Smith for his expenses incurred in traveling to and from his work station.

On January 11, 1994, the trial court issued an order granting summary judgment on all counts to appellees Cain and the Board of County Commissioners. This appeal followed.

DISCUSSION

1. Standard of Review

Summary judgment is proper only when no genuine issues of material fact exist A motion for summary judgment places an initial burden upon the movant to make a prima facie showing that no genuine issues of material fact exist. Boehm v. Cody Country Chamber of Commerce, 748 P.2d 704, 710 (Wyo.1987). Once the movant makes that initial showing, the burden shifts to the nonmovant to present specific facts showing that genuine issues of fact do exist. Boehm, 748 P.2d at 710.

and the prevailing party is entitled to judgment as a matter of law. WYO.R.CIV.P. 56(c). This Court reviews a summary judgment in the same light as the trial court, using the same materials. Mountain Cement Co. v. Johnson, 884 P.2d 30, 32 (Wyo.1994). We examine the record from the vantage point most favorable to the party opposing the motion, affording that party the benefit of all favorable inferences which may fairly be drawn from the record. Mountain Cement Co., 884 P.2d at 32.

2. Equal Protection Claims

Smith's complaint set forth three causes of action premised upon equal protection violations. The three claims were based upon Cain's alleged disparate enforcement of Sublette County Sheriff's Office regulations and upon the alleged disparate compensation of travel expenses. Smith contends his opposition of Cain in his 1990 bid for re-election motivated Cain's disparate treatment of him.

This Court has held that an equal protection violation requires the claimant to demonstrate that "the state has made a classification that treats similarly situated people differently and that the classification is not rationally related to a legitimate state end." Kautza v. City of Cody, 812 P.2d 143, 147 (Wyo.1991) (citing Clements v. Fashing, 457 U.S. 957, 963, 102 S.Ct. 2836, 2843, 73 L.Ed.2d 508 (1982)). When a fundamental right is involved in the classification, we apply a strict scrutiny analysis which requires a showing that the classification is necessary to achieve a compelling state interest. Kautza, 812 P.2d at 147; Washakie Co. Sch. Dist. No. 1 v. Herschler, 606 P.2d 310, 333 (Wyo.1980), cert. denied 449 U.S. 824, 101 S.Ct. 86, 66 L.Ed.2d 28 (1980).

In Kautza, this Court found the complainant had failed to allege a classification and had thus failed to sufficiently state an equal protection claim. Kautza, 812 P.2d at 147. Smith likewise failed in his complaint to allege any type of classification, suspect or otherwise. On appeal, though, Smith has clarified somewhat his position and has alleged that the classification is based upon the exercise of his fundamental right to seek elected office.

Smith cites no direct authority for his proposition that the right to seek elected office is a fundamental right. However, we need not reach...