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Friday, March 23, 2007
Ind. Decisions - Supreme Court rules in Kokomo fireman case
The Indiana Supreme Court heard oral arguments yesterday in the case of City of Kokomo v. Scott Kern. The Court's calender described the case: "After Kern was demoted for published remarks he made about his employer, the City’s fire department, the Howard Circuit Court entered a judgment finding the demotion invalid because it infringed upon Kern’s right to free speech. The Court of Appeals reversed." The Court of Appeals 8/17/06 decision is here.
Although nothing is posted on the Supreme Court site, the City of Kokomo has sent out a press release that reads in part:
Within hours of hearing oral argument on whether to review the Indiana Court of Appeals' decision that reversed the Howard Circuit Court's decision, the Indiana Supreme Court found Scott Kern's arguments unpersuasive and agreed with the Court of Appeals, denying Scott Kern's appeal. This decision by the Indiana Supreme Court affirms the City of Kokomo's Board of Public Works and Safety decision to discipline Kern for criticizing the Kokomo Fire Department's administration.Fire Chief Dave Duncan stated, "The Indiana Supreme Court's quick decision confirms that the facts speak for themselves. The morale and efficiency of the department have improved since we took disciplinary action, and I believe the morale and efficiency will improve even more now that this issue is behind us."
In 2004, Scott Kern was demoted from captain to firefighter for publicly trying to bring the Kokomo Fire Department into disrepute and undermine the fire department's administration. In a public hearing before the Board of Public Works and Safety, Kern admitted that he submitted an incomplete application for a fire works display. After Kern's application was properly denied by Fire Chief Dave Duncan, Kern chose to voice his displeasure by publicly criticizing Chief Duncan's decision. Kern admitted in his testimony that his comments were intended to bring the fire department into disrepute. Fire Chief Dave Duncan sought to discipline Kern not only for these comments but also for three other violations of the fire department's policies.
This decision by the Indiana Supreme Court affirms the long-standing principle that public employees possess rights protected by the First Amendment to the U.S. Constitution, but these rights have limits and should not be abused. When a public employee seeks to publicly criticize with the intent to bring a department into disrepute, the Indiana Supreme Court believes that the employee can be severely disciplined.
Corporation Counsel Jon Mayes added, "This is an important case not only for the City of Kokomo, but also for every city in Indiana. The City is a firm believer in protecting the First Amendment rights of citizens, but the courts recognize that those being unjustly criticized also have rights."
Posted by Marcia Oddi on March 23, 2007 11:59 AM
Posted to Ind. Sup.Ct. Decisions