ILNews

Issue of fact exists in firefighter demotion

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals reversed a trial court grant of summary judgment because there is a genuine issue of fact as to why a firefighter was demoted.

In Jeffrey Kochis v. City of Hammond, Indiana, et al., No. 45A03-0709-CV-445, Kochis appealed the grant of summary judgment in favor of Hammond in his complaint that he had been demoted even though no charges had been filed against him and that he didn't receive due process.

Kochis had been a firefighter with the Hammond Fire Department since 1982 and worked as assistant fire chief/drillmaster at the time a new mayor took office in 2004. When Mayor Thomas McDermott took office, he named a new fire chief and assistant chief on Jan. 1, 2004. The new chief, David Hamm, demoted former Deputy Chief Michael Jakubczyk to assistant fire chief/drillmaster and demoted Kochis to captain. The city's Board of Public Works and Safety approved the changes.

Kochis filed a complaint, asking to be reinstated as assistant fire chief/drillmaster, receive back pay, and obtain other relief. He filed a motion for summary judgment, arguing that according to Indiana statute only the positions of chief and deputy chief were upper-level policy-making positions that didn't require due process in order for the holders of those offices to be demoted. Hammond argued Kochis' position as assistant fire chief/drillmaster was an upper-level policy-making position.

The city responded to his complaint saying the demotion was not based on a disciplinary reason, but for economic reasons, yet offered no evidence to explain the demotion further. Hammond also said that it had to reinstate Jakubczyk to the position of assistant fire chief/drillmaster, because that was the position he held before becoming deputy chief and Indiana Code 36-8-3.5-11(d) required the board to return him to the position he held before his appointment to deputy chief. Hammond also filed a motion for summary judgment.

The trial court agreed with Hammond and found the demotion of Jakubczyk was authorized by statute, which required Jakubczyk be returned to the position of assistant fire chief/drillmaster, thus causing a demotion for Kochis because there was no need for two people to perform this position. The trial court granted summary judgment in favor of Hammond.

Hammond erred in interpreting that I.C. section 36-8-3.5-11(d) required Jakubczyk to hold the same position he had before he was appointed deputy chief. The statute only speaks of the person's previously held rank, not the particular position he or she held, wrote Judge Carr Darden.

By law, Jakubczyk couldn't be reduced in grade to a rank below assistant chief, but evidence doesn't establish how many such positions were in the department or if any assistant chief positions were vacant. Also, there wasn't any evidence to show that Kochis was placed in the next available slot down the ladder, wrote Judge Darden.

Although Kochis' appeal asks the appellate court to grant him summary judgment on his complaint, the Court of Appeals ruled that neither party is entitled to summary judgment because a genuine issue of material fact exists for the basis of Kochis' demotion.

Hammond argued Kochis was demoted for economic reasons, not disciplinary reasons, and so he is not entitled to due process. An exception to the statute that calls for due process for police and fire personnel is if they are dismissed or demoted for economic reasons. However, Hammond's evidence to prove Kochis was demoted for economic reasons is scant, wrote Judge Darden, and because there is a genuine issue of fact, summary judgment shouldn't be granted to either party.

The case is remanded for further proceedings consistent with the opinion.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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