A-12-0830, Philip Shear (Appellant) v. City of Wayne Civil Service Commission and The City of Wayne, Nebraska, a municipal corporation
District Court for Wayne County, District Judge Robert B. Ensz
Attorneys for Appellant: Steven M. Delaney & Richard M. Whitworth (Reagan Melton Law Firm)
Attorneys for Appellees: Jerry L. Pigsley & Karen A. Haase (Harding Schultz Law Firm)
Civil Action: Termination from employment of public employee
Action taken by the Trial Court: The Commission determined that Shear should be fired. He appealed to the district court, which affirmed the Commission’s decision.
Assignment of Error on Appeal: Did the trial court err in determining that the pre-termination hearing before the City Administrator did not violate Shear’s due process rights to a meaningful hearing and that any defect in the hearing was cured by the proceeding before the Commission? Did the trial court err in determining that any of the City Administrator’s or the City’s allegations against Shear were supported by competent and relevant evidence, made in good faith and for cause, and in determining that the Commission’s decision upholding termination of employment was not arbitrary and capricious? Did the trial court err in determining that the Commission’s admission of evidence of cause beyond that set forth in the City’s Basis of Employer’s Evidence was not improper and the admission of such testimony did not violate Shear’s right to be provided all evidence to be used against him?