 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Board of Regents of the University of Wisconsin System v. State6/28/2002
ON CERTIFICATION FROM THE COURT OF APPEALS
Oral Argument: May 28, 2002
Dissented: SYKES, J., dissents (opinion filed).
Not Participating: ABRAHAMSON, C.J., did not participate.
. Appellant Dale Brenon (Brenon) successfully challenged his discharge by his employer, the Board of Regents of the University of Wisconsin System, more specifically the University of Wisconsin-Milwaukee Police Department (UWM), in an appeal to the Wisconsin Personnel Commission (Commission). During a hearing on damages for the wrongful discharge, the Commission denied admission of evidence related to additional alleged misconduct committed by Brenon during his employment with UWM. UWM discovered this evidence after Brenon's initial discharge and argued that this evidence should have been admitted to limit any award of back pay to Brenon. The circuit court reversed the Commission's decision to exclude this evidence and remanded for a new hearing where UWM would be permitted to introduce this evidence. The court of appeals certified this appeal to this court.
. We examine two issues. First, we examine whether the Commission properly excluded UWM's evidence on Brenon's subsequent misconduct when it was offered, without prior notice, during a hearing on damages to reduce the amount of back pay on Brenon's wrongful discharge. We conclude that the Commission properly exercised its discretion in excluding this evidence because Brenon did not receive proper notice, consistent with due process and the civil service statutes, prior to UWM's introduction of this evidence. Second, we address whether the Commission properly denied fees and costs to Brenon based on its conclusion that UWM's disciplinary actions against Brenon were substantially justified. Granting great weight deference, we uphold this determination. Accordingly, we reverse the circuit court's decision to reverse and remand the matter for a new hearing, and we affirm the circuit court's decision to deny fees and costs.
I.
. Brenon began employment at UWM in October 1974 as a police cadet. At the time of his discharge, Brenon was serving with permanent status in class as a police sergeant.
. In November 1995, UWM Police Chief Philip Clark received reports from various officers that Brenon had told inappropriate racist and sexist jokes. Clark directed Brenon's supervisor, Lieutenant Richard Sroka, to investigate and gather information.
. Sroka sent Brenon an electronic mail message asking Brenon to meet with him. A few days later, they met, and Sroka informed Brenon of the allegations against him. Sroka asked if the allegations were true, and Brenon admitted to telling the jokes. Sroka informed Brenon that this conduct was unsatisfactory and that it must stop. Brenon apologized, and Sroka stated that he thought Brenon's conduct would stop. Sroka told Brenon that he considered the matter closed and later described the meeting as a warning or an oral reprimand.
. Immediately thereafter, Sroka reported to Clark about the meeting, including the oral reprimand. Clark, however, told Sroka to instead prepare a ten-day suspension without pay for Brenon. Sroka immediately reported Clark's disciplinary decision to Brenon, and Brenon then met with Clark, asking him to reconsider his decision. Clark's decision, however, remained final.
. As a result, Sroka prepared a letter of suspension dated December 19, 1995, for Brenon. According to the letter, the suspension would take effect from January 22, 1996 to February 2, 1996. The letter offered the following explanation for the disciplinary action:
This disciplinary action is based
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 Wisconsin Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|