 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
VAN BAALE v. CITY OF DES MOINES6/19/1996
A discharged Des Moines policeman unsuccessfully protested his dismissal through the administrative process and also through judicial review. He then brought this action seeking damages and reinstatement. We agree with the district court's dismissal of the action.
Thomas Van Baale was a seventeen-year veteran of the Des Moines police department. His service record appears to have been exemplary, but his career disintegrated after his former wife filed a domestic abuse complaint against him. See Iowa Code § 236.3 (1993). Van Baale did not meekly submit to arrest, and was also charged with interference with official acts by displaying a dangerous weapon. See Iowa Code § 719.1. After this incident he was provided psychiatric care in a local hospital. [550 NW2d Page 155]
Van Baale pled guilty to the obstruction-of-justice charge. In addition, although steadfastly denying the allegations, he entered a nolo contendere plea on the domestic abuse charge and was found guilty. The court granted him a deferred sentence on both counts. Soon thereafter the department terminated Van Baale's employment.
Van Baale raised two arguments in his administrative challenge before the civil service commission. He first contended his discharge was disproportionately harsh when compared with other disciplinary decisions, especially in view of his exemplary service record. His second argument was based on his claim that Des Moines police chief William Moulder had assured him that, if he pled guilty to the charges against him, he would retain his job, subject to a thirty-day suspension. Van Baale asserted Chief Moulder made this "guarantee" in the interest of avoiding a trial, with the accompanying negative publicity for the police department. Van Baale alleged he relied on the chief's assurance to his detriment by submitting guilty and nolo contendere pleas instead of going to trial as he initially planned. Van Baale claimed that Moulder changed his mind about the suspension and decided to discharge him instead, because he was influenced by adverse media coverage and comments made by local public officials. Van Baale therefore argued Moulder and the city should be estopped from discharging him.
The commission rejected Van Baale's arguments and upheld his firing. On judicial review the district court upheld the civil service commission ruling. On appeal the court of appeals affirmed, and we denied further review.
Prior to that court of appeals decision, Van Baale filed this petition at law against the City of Des Moines, Moulder, and assistant chief Kayne Robinson, alleging breach of oral contract, promissory estoppel, negligence, denial of equal protection, and intentional infliction of emotional distress. The district court granted the defendants' motion to dismiss. In appealing this ruling, Van Baale first contends the district court erred in holding Iowa Code chapter 400 (civil service) provided his exclusive remedy, and thus preempted his common-law claims. He also asserts the district court erred in dismissing his equal protection claim.
We affirm the district court, vacating a court of appeals decision that held Van Baale's common-law claims were viable. In this law action our review is for correction of errors at law. Iowa R. App. P. 4.
I. Considering Van Baale's first contention we note Iowa Code section 400.18 provides that civil service employees shall not be "removed, demoted, or suspended arbitrarily, except as otherwise provided in this chapter. . . ." In turn, section 400.19 states: " he chief of police . . . may peremptorily suspend, demote, or discharge a subordinate . . . for neglect of duty, disobedience of orders, misconduct, or fa
Page 1 2 3 4 Iowa Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|