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Bruckner v. Civil Service Commission of Douglas County10/7/2003
(not designated for permanent publication)
The chief deputy of the Douglas County Department of Corrections (DCC) terminated the employment of Ralph Bruckner, a corrections officer with DCC, following Bruckner's off-duty citation for driving under the influence (DUI), second offense. The Civil Service Commission of Douglas County, Nebraska (Commission), upheld the termination, and Bruckner sought review by the district court for Douglas County, which affirmed the Commission's decision. Bruckner appeals.
FACTUAL BACKGROUND
Bruckner began his employment as a corrections officer with DCC on September 28, 1987. On September 24, 2000, while off duty, Bruckner was cited in Sarpy County for DUI, a legally enhanceable second offense. At the time, Bruckner's blood alcohol level tested .20, which was more than twice the legal limit in Nebraska. Bruckner immediately notified his supervisor of his citation and enrolled in alcohol treatment programs. This was his third DUI arrest and, if convicted, his second offense while employed at DCC. The citation resulted in the termination of his employment on October 6, following a predisciplinary hearing.
PROCEDURAL BACKGROUND
On September 26, 2000, DCC issued a statement of charges to Bruckner, alleging that (1) on September 24, he was arrested by the Papillion Police Department for DUI, second offense, and failure to signal, and (2) on January 3, 1991, he received a "Letter of Suspension of one . . . working day" for his arrest on October 20, 1990, and conviction in Douglas County Court on December 26 for DUI, second offense. The statement of charges alleges that such matters constituted misconduct which is covered by the Commission's personnel policy manual, "Article 13: Constructive Discipline: Section 5, Offense 14" (Offense 14) and "General Order 6-97 Rules of Conduct, Section F" (General Rule 6-97(F)).
Offense 14 prohibits " mmoral, indecent, disgraceful, or inappropriate conduct which may reasonably be expected to affect the confidence of the public in Douglas County government," and it establishes the following discipline: "First Offense: 1-to 10-day suspension for minor offense[,] Removal for major offense[;] Second Offense: Removal."
General Rule 6-97(F) provides:
Law Violations by Corrections Department Personnel
Any employee whose actions or conduct are such as to cause him or her to be ticketed, charged, bound over, indicted, or held for a violation of the law shall be subject to disciplinary action. Minor traffic offenses which are not punishable by incarceration in the County Jail are not considered violations of this section.
On October 5, 2000, a predisciplinary hearing was held. We do not have a record of that proceeding. On October 6, DCC determined that Bruckner's September 24 arrest for DUI was a major offense and that it violated Offense 14 and General Rule 6-97(F). DCC terminated Bruckner's employment for conduct unbecoming an officer and conduct that would reasonably be expected to affect the confidence of the public in Douglas County government. Bruckner appealed to the Commission, and a hearing was held before the Commission on November 29.
DCC's Evidence Before Commission.
Sheriff Timothy Dunning, whose duties include oversight of DCC, testified that on October 5, 2000, he attended a predisciplinary hearing regarding Bruckner's arrest for second-offense DUI. The purpose of the predisciplinary hearing was to allow Bruckner the opportunity to be represented by an attorney and to offer any information that Bruckner wanted DCC to consider in making a final decision. Dunning stated that in making a
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