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.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: