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Roorda v. City of Arnold6/22/2004
Opinion Vote: AFFIRMED. Breckenridge and Howard, J.J., concur.
Opinion:
For eleven years, appellant, Jeffrey Roorda, was a full-time commissioned police officer employed by respondent, City of Arnold ("City"), a city of the third classification located in Jefferson County, Missouri which has adopted a merit system of employment for its police officers pursuant to section 85.541. After an informal pre-termination hearing was held on the morning of June 20, 2001, Roorda was terminated by the City effective later that afternoon. Roorda timely appealed his dismissal to the Arnold Police Personnel Board (" Board"), which upheld his termination on December 12, 2001, after conducting a contested, on-the-record hearing in September and October 2001. Roorda timely filed a Petition for Judicial Review of the Board's decision in the Circuit Court of Cole County. On August 27, 2002, the circuit court denied Roorda's motion to supplement the record with certain evidence excluded by the Board and on February 4, 2003, the court entered a judgment sustaining the decision of the Board upholding Roorda's dismissal. Thereafter, Roorda timely filed this appeal. We affirm the judgment of the circuit court.Standard of Review and Facts The general standards governing our review of this contested case were set forth in Orion Security, Inc. v. Board of Police Commissioners of Kansas City, 90 S.W.3d 157 (Mo. App. W.D. 2002):
This court reviews the decision of the Board, not that of the circuit court. On appeal from an agency decision in a contested case, we consider only whether the agency's findings are supported by competent and substantial evidence on the record as a whole. We may not substitute our judgment on the evidence for that of the agency, and we must defer to the agency's determinations on the weight of the evidence and the credibility of witnesses. If the decision of the agency is supported by substantial and competent evidence on the whole record, it must be affirmed. On the other hand, we must reverse the agency's findings if it is determined the decision is not supported by competent and substantial evidence on the whole record, or if the decision constitutes an abuse of discretion, or is unauthorized by law, or is arbitrary and capricious. The evidence and all reasonable inferences from the evidence is considered in the light most favorable to the administrative agency's findings. The fact-finding function rests with the agency, and even if the evidence would support either of two findings, the court is bound by the agency's factual determination. While this Court cannot substitute its own judgment on factual matters, it can independently determine questions of law.
Id. at 163 (internal citations, quotation marks, and brackets omitted); see also section 536.140.2.
So viewed, the record reveals that in July 1997, Roorda attempted to try to "cover" for another police officer by filing a report that contained false statements as to what happened during a suspect's apprehension and arrest. As a result of this false report, all charges against the defendant involved were dropped, and Roorda received a written reprimand from B. J. Nelson (the City's Chief of Police at the time) for violating the City Police Department's General Order 74.4 ("False Reporting"). The written reprimand issued to Roorda stated, in relevant part: "If it is ever determined again that you have lied in a police report, you will receive a more severe punishment, up to and including termination."
On March 15, 2001, Roorda wrote a memorandum to Dale Fredeking ("Chief Fredeking"), who was then the City's Chief of Police, informing Chief Fredeking of Roorda's intention to utilize twel
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