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Carmel police officer discharged for just cause

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The Indiana Court of Appeals reversed the finding by an administrative law judge and a review board that a city of Carmel police officer was fired, but not for just cause.

In City of Carmel v. Review Board of the Indiana Dept. of Workforce Development and Greg Park, 93A02-1108-EX-841, the city of Carmel appealed the finding that patrol officer Greg Park was not fired for cause. Park applied for unemployment benefits following his discharge in February 2011. The Carmel Police Department believed Park had violated department policies, rules and regulations. Cited was Park’s arrest of a juvenile involved in a fight at school with another juvenile. When Park arrived at the school, his superior officer told him to arrest just one of the juveniles. Park arrested the second juvenile, also.

Park filed for unemployment benefits, which was initially denied, but an administrative law judge reversed that determination. The administrative law judge cited that no evidence was submitted to indicate Park made a wrongful arrest of the second juvenile or that he knew an investigation was taking place regarding the incident at the school. The Review Board of the Indiana Department of Workforce Development affirmed.

The Court of Appeals found the record didn’t support the finding that Park was terminated but not for just cause. Based on the evidence and testimony before the ALJ and the review board, the city of Carmel showed that Park violated a reasonable and uniformly enforced rule related to a lawful order of a supervisor and other departmental rules, so he was discharged for just cause, wrote Judge Elaine Brown.

The case was remanded for further proceedings.

 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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