Court of Appeals 10.06.09

No civil cases, but the Court issues an opinion in a criminal case which re-affirms that local personnel ordinances and employee policies cannot support criminal charges for “misconduct of a public official.”  Only statutes define “lawful authority” and thus misconduct for purposes of the criminal statute.   This employee was also charged with theft by swindle (the jury deadlocked), so the misconduct charges were likely an add-on or lesser charge, in the prosecutors’ minds.  Still, it’s a reminder not to over-reach when handling a bad employment case.


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