Opinion
No. 3-618 / 02-1643
Filed September 10, 2003
Appeal from the Iowa District Court forPoweshiek County, Richard J. Vogel, Judge.
David Kline appeals the district court decision affirming his temporary suspension as a police officer by the City of Grinnell Civil Service Commission. AFFIRMED.
Charles Gribble of Parrish, Kruideneir, Moss, Dunn, Boles, Gribble Cook, L.L.P., Des Moines, for appellant.
Thomas Logan of Hopkins Huebner, P.C., Des Moines, for appellee.
Considered by Vogel, P.J., and Mahan and Zimmer, JJ.
David Kline appeals the district court decision affirming his temporary suspension as a police officer by the City of Grinnell Civil Service Commission. Kline claims the City of Grinnell did not present sufficient evidence to show he engaged in misconduct. He also claims the penalty imposed is unreasonably severe. The Commission cross-appeals, claiming Kline should be discharged from his employment. We affirm.
I. Background Facts Proceedings
Kline has been employed as a police officer in Grinnell since 1997. He received generally good performance reviews, but at one point received the following comment:
Officer Kline needs to be more concerned about the public's perception, reference his off-duty activities (i.e. visiting local establishments/alcohol consumption in public). The general public lets us as officers, know when we may have gone too far. Conversation in the community may suggest Officer Kline has elevated to the general public's knowledge thereby, reflecting on the department's integrity.
In August 2001 the chief of police terminated Kline's employment based on charges of (1) being involved in a verbal and physical confrontation with a private citizen; (2) exposing his buttocks in public; (3) engaging in lewd and suggestive dancing; (4) interfering with the arrest of a personal acquaintance; (5) engaging in recreational gambling while on-duty; and (6) appearing in public intoxicated. Kline appealed his discharge to the City of Grinnell Civil Service Commission.
The Commission found the City failed to establish most of the alleged violations. The Commission stated, "[w]hile there was a decided lack of evidence establishing most of the alleged misconduct, the City did present some competent evidence of misconduct on the part of Kline." The Commission noted that Kline admitted he had participated in a dice game in a local tavern while on duty and in uniform. The Commission also noted that Kline frequented local bars and taverns on a fairly regular basis, and "[e]ven if he had never consumed alcohol in a public establishment to the point of intoxication, Kline has failed to use good judgment in his actions and behaviors in these public places." The Commission concluded Kline had engaged in misconduct and should be suspended for ninety days.
Kline appealed the Commission's decision to the district court. In its de novo review, the district court determined the City showed Kline engaged in frequent drinking and at least one or two incidents of public intoxication. The court also found the evidence showed incidents of suggestive dancing, "mooning" in public, and throwing dice in a public place at a bar while in uniform and on duty. The court affirmed Kline's suspension. Kline appeals.
II. Standard of Review
In this equitable matter, our review is de novo. See Iowa Code § 400.27 (2001). Although we give weight to the findings of the district court, we are not bound by them. Sieg v. Civil Serv. Comm'n, 342 N.W.2d 824, 827 (Iowa 1983). Our review is confined to the record made in the district court. Dolan v. Civil Serv. Comm'n, 634 N.W.2d 657, 662 (Iowa 2001). We independently construe the factual record as a whole to determine if the officer's discipline was warranted. City of Des Moines v. Civil Serv. Comm'n, 513 N.W.2d 746, 748 (Iowa 1994).
III. Misconduct
Kline contends there is insufficient evidence in the record to show he engaged in misconduct. On our de novo review, we agree with the Commission that the evidence does not support the first four allegations against Kline. We find, however, that Kline admitted to throwing dice in a tavern while on duty, and while in uniform. The evidence also supports a finding that Kline frequented a local tavern and on occasion drank to excess, if not to the point of intoxication.
Under Iowa Code section 400.19, a chief of police may suspend, demote, or discharge a police officer for misconduct. Eilers v. Civil Serv. Comm'n, 544 N.W.2d 463, 466 (Iowa Ct.App. 1996). "The term `misconduct' has no fixed meaning, but is broad enough to include relatively minor or innocuous behavior as well as flagrant and injurious breaches of decorum." Civil Serv. Comm'n v. Johnson, 653 N.W.2d 533, 537 (Iowa 2002) (quoting Sieg, 342 N.W.2d at 829).
The image presented by police personnel to the general public is vitally important to the police mission. City of Fort Dodge v. Civil Serv. Comm'n, 562 N.W.2d 438, 440 (Iowa Ct.App. 1997). Police officers are expected to conduct themselves with "good character, sobriety, judgment and discretion." Johnson, 653 N.W.2d at 537. Police officers must earn and maintain the public trust at all times by conducting themselves with good judgment and sound discretion. City of Fort Dodge, 562 N.W.2d at 440. For this reason, a chief's suspension or dismissal must be for conduct detrimental to the public interest. Id.
Grounds to justify discipline may include on-duty, as well as off-duty, conduct. Eilers, 544 N.W.2d at 466. The fact that an incident occurs when an officer is off-duty does not diminish its seriousness. Dolan, 634 N.W.2d at 664. In particular, off-duty intoxication may be the basis for suspension or discharge. Millsap v. Cedar Rapids Civil Serv. Comm'n, 249 N.W.2d 679, 687 (Iowa 1977). See also City of Fort Dodge, 562 N.W.2d at 440 (noting police officer had been suspended for excessive off-duty drinking while carrying a firearm).
We conclude Kline engaged in conduct that was detrimental to the public interest. Kline's actions of throwing dice at a public establishment while on duty and in uniform, and drinking to excess at the same public establishment, while off-duty, did not show good judgment and sound discretion. Kline's activities were done in public, and thus breached the public trust in his abilities. See Dolan, 634 N.W.2d at 664. We determine his actions constituted misconduct and were appropriately cited as the basis for disciplinary action.
IV. Sanction
Kline claims the suspension he received in this case for ninety days was an excessive sanction. On this same issue, the Commission has cross-appealed, arguing Kline should be discharged, or in the alternative, his ninety-day suspension should be upheld.
Civil service commissions engage in a system of progressive discipline. City of Fort Dodge, 562 N.W.2d at 440. Prior violations of rules may be considered in determining whether the cumulative effect of an officer's misconduct is sufficient to warrant the discipline imposed. Johnson, 653 N.W.2d at 538. We also balance the evidence, if any, of extenuating circumstances mitigating the misconduct. Dolan, 634 N.W.2d at 664.
Kline was previously suspended for ten days, in August 2000, for abusing sick leave and insubordination. We determine that under the circumstances of this case, the suspension of ninety days on the current charges was proper. The misconduct engaged in here does not justify the extreme measure of discharge. We affirm the decision of the district court and the Civil Service Commission.