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Schlumbohm v. City of Sioux Falls6/13/2001
South Dakota Supreme Court Appeal from the Circuit Court of The Second Judicial Circuit Minnehaha County, South Dakota Hon. Judith K. Meierhenry, Judge
Considered on Briefs April 26, 2001
Opinion Filed 6/13/2001
[ .] Sioux Falls Police Officer Jackie Schlumbohm was terminated for conduct unbecoming an officer, committing a criminal act and wantonly offensive conduct, for events related to her operation of a motor vehicle while under the influence of alcohol. The Civil Service Board (Board) found just cause for discipline but reduced the termination to a suspension. City appeals contending the Board abused its discretion. We affirm.
FACTS
[ .] Schlumbohm was employed as a police officer with the City of Sioux Falls (City). Days after completing her one-year probationary period, Schlumbohm was involved in a serious one-car accident. Schlumbohm had been at a Sioux Falls bar where she claimed she consumed between three and four mixed drinks. After spending a few hours at the bar Schlumbohm left in her personal vehicle.
[ .] Traveling northbound on I-229, Schlumbohm was driving well in excess of the posted speed limit. Additionally, she was swerving in and out of traffic while cutting off and passing vehicles traveling within the speed limit. Eyewitness estimates placed her speed around ninety miles per hour. There was also disputed testimony that Schlumbohm made an obscene gesture to an occupant of a vehicle she passed.
[ .] While attempting to exit the freeway, Schlumbohm lost control of her vehicle, hit a sign, swerved into the ditch, swerved back toward the road and finally rolled her car into the opposite ditch. Schlumbohm was transported to the hospital where a blood test revealed her blood alcohol content to be .154 percent, well over the legal limit of .10 percent. Schlumbohm pled guilty to driving under the influence .
[ .] The City terminated Schlumbohm for conduct unbecoming an officer, committing a criminal act and wantonly offensive conduct to the public. Schlumbohm appealed that decision to the Board arguing the termination was not warranted and that the discipline was more severe than other prior disciplinary actions. The Board found that the City had just cause for disciplining Schlumbohm. However, the Board reduced her disciplinary sanction from a termination to six-month suspension without pay and another six-month suspension unless accompanied by another officer while performing her duties.
[ .] The circuit court affirmed the Board's decision. City appeals raising the following issues:
1. Whether the circuit court erred in failing to find the Board abused its discretion by finding just cause for disciplinary action, but ordering that the termination be reduced to a suspension.
2. Whether the Board committed error by admitting and considering evidence regarding prior unrelated disciplinary actions.
3. Whether the circuit court erred in ruling that the City failed to preserve for appeal its argument that Board improperly ordered reinstatement to a position that did not exist.
By notice of review, Schlumbohm raises one issue:
1. Whether the facts, as found by the Board, are sufficient to constitute conduct unbecoming an officer.
STANDARD OF REVIEW
[ .] We review the Civil Service Board's decision under the Administrative Procedures Act, SDCL ch 1-26. Fact-findings will be overturned only if they are "clearly erroneous in light of all the evidence." Sopko v. C & R Transfer Co., Inc., 1998 SD 8, , 575 NW2d 225, 228. Questions of law are reviewed de novo. Id.
[ .]
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