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COA divided over dismissing fired HR director’s complaint

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The Indiana Court of Appeals was split over whether Delaware County commissioners could terminate the contract of the Board of Commissioners’ human resources director after two new members were elected to the board.

Beverly Evans was hired in 2007 and given an employment contract saying she’d serve as H.R. director for three years. But about two years into the employment term, Evans’ contract was terminated after two new commissioners were elected to the board. The board didn’t provide Evans with 15 days written notice of her termination for good cause as required by her employment contract.

She sued in 2011 for breach of contract, and the board of commissioners sought to dismiss the complaint for failure to state a claim under Trial Rule 12(B)(6). The trial court denied the motion, but a divided appellate court on interlocutory appeal reversed.

Judges Cale Bradford and John Baker agreed with the board’s argument that by binding it to its predecessor members’ choice for H.R. director, Evans’ contract prevents the board’s successor members from implementing the polices desired by the majority of the public who elected them. The majority cited caselaw which said that a county board of commissioners doesn’t have the power to limit the discretionary functions of its successors.

In The Board of Commissioners of Delaware County a/k/a Delaware County Commissioners v. Beverly J. Evans, 18A05-1201-PL-14, the majority found the language in Evans’ employment contract and job description requires the performance of discretionary functions.

“Were it to be held valid, Evans’s contract would inhibit the Board, as newly constituted, from exercising the discretionary powers entrusted to it by the electorate,” Bradford wrote. “Evans’s contract is therefore void as against public policy, and her complaint fails to state an actionable claim.”

But Chief Judge Margret Robb didn’t agree that Evans’ complaint should be dismissed. Her employment contract does appear to grant her a role in certain discretionary functions, but Robb doesn’t think it goes so far as to limit the discretionary functions of the commissioners overseeing her position.

“The major decision-making authority remains with the Commissioners,” she wrote.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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