ILNews

Issue of fact exists in firefighter demotion

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT