February 2020 - Parks & Recreation - 20

LAW REVIEW

under 42 U.S.C. Sec. 1983. Plaintiff sought damages in the form
of back pay and compensation for
mental anguish, reputational damages and loss of benefits.
In his complaint, Plaintiff claimed
his termination violated his procedural and substantive due process rights because there were " two
separate distinct drug-testing policies, each one delineating different
requirements and circumstances
under which an employee of the
defendant, the city is required to
take a drug test. " Further, Plaintiff
contended the city did not " equally
apply its drug testing to all employ-

As defined by the federal district
court, procedural due process
" entitles a public employee
with a property right in his
employment to notice of the
charges against the employee,
an explanation of the employer's
evidence, and an opportunity to
present his side of the story. "
ees. " Plaintiff also claimed, " the city
refused to consider the medical evidence offered by Plaintiff. "
Plaintiff, however, did not allege
that the drug-test results were in error. He also did not explain, " why
his prescription(s) would or could
excuse his positive test result, "
which included " a positive result
for amphetamines. "
In response to Plaintiff 's complaint, the city filed a motion in
federal district court to dismiss
Plaintiff 's due process claims.

Substantive Due Process
As described by the federal district
court: " To succeed with a claim based
18

Parks & Recreation

on substantive due process in the public employment context, Plaintiff
must show two things: (1) that he
had a property interest/right in his
employment, and (2) that the public
employer's termination of that interest was arbitrary or capricious. "
When " depriving an individual
in a protected property interest in
the right of employment, " the federal district court acknowledged
that a public official " exercising
professional judgment " would be
" acting in a non-arbitrary and noncapricious manner. " Within the context of substantive due process, the
court found an arbitrary or capricious employment decision would
be one that is made " without a rational connection between the known
facts and the decision or between
the found facts and the evidence. "
In addition, the court noted that an
arbitrary or capricious employment
decision could also be one that " involved an abuse of power by the official that shocks the conscience. "
In this particular instance, the
court determined Plaintiff, as a civil
service employee, " had a protected
property interest in his continued
employment. " However, under
the circumstances of this case, the
court found " the undisputed evidence could not support a finding
that the city acted arbitrarily or capriciously in connection with its
decision to end Plaintiff 's employment. " In so doing, the court noted Plaintiff had admitted that he
had " tested positive for prohibited
drugs. " Further, the court found
Plaintiff had not disputed " the accuracy of the test results. "
In failing to follow its own drugtesting policy, which required an
employee to submit to a drug test
the next day after an accident,
Plaintiff claimed the city had de-

| F E B R U A RY 2 02 0 | W W W. PA R K S A N D R E C R E AT I O N . O R G

prived him of his constitutional
right to due process. The federal
district court rejected this argument. In the opinion of the court,
Plaintiff 's complaint was " at most
a harmless and purely technical
departure from an internal procedure, with no independent harm
stemming from it beyond the mere
failure to follow a procedure. " According to the court, a due process
violation does not necessarily occur " every time a government entity violates its own rules " :
A mere technical failure by the
city to comply with its own internal policies and procedures does
not by itself amount to a violation of the Due Process Clause....
[T]he failure to comply with internal regulations is insufficient as a
matter of law to establish a violation of due process, so long as constitutional minima have been met
with regard to notice and other due
process protections.

Procedural Due Process
As defined by the federal district
court, procedural due process " entitles a public employee with a property right in his employment to notice
of the charges against the employee,
an explanation of the employer's evidence, and an opportunity to present his side of the story. "
The relevant due process inquiry
for the federal court, therefore, was
not " whether the city violated its
own policies. " Rather, the due process issue before the federal district
court was " whether the city could
be found to have fallen constitutionally short in providing Plaintiff notice or other guaranteed substantive
or procedural protections. "
In this particular instance, regarding due process " notice, " the
court found " no dispute that Plain-



February 2020 - Parks & Recreation

Table of Contents for the Digital Edition of February 2020 - Parks & Recreation

February 2020 - Parks & Recreation - 1
February 2020 - Parks & Recreation - 2
February 2020 - Parks & Recreation - 3
February 2020 - Parks & Recreation - 4
February 2020 - Parks & Recreation - 5
February 2020 - Parks & Recreation - 6
February 2020 - Parks & Recreation - 7
February 2020 - Parks & Recreation - 8
February 2020 - Parks & Recreation - 9
February 2020 - Parks & Recreation - 10
February 2020 - Parks & Recreation - 11
February 2020 - Parks & Recreation - 12
February 2020 - Parks & Recreation - 13
February 2020 - Parks & Recreation - 14
February 2020 - Parks & Recreation - 15
February 2020 - Parks & Recreation - 16
February 2020 - Parks & Recreation - 17
February 2020 - Parks & Recreation - 18
February 2020 - Parks & Recreation - 19
February 2020 - Parks & Recreation - 20
February 2020 - Parks & Recreation - 21
February 2020 - Parks & Recreation - 22
February 2020 - Parks & Recreation - 23
February 2020 - Parks & Recreation - 24
February 2020 - Parks & Recreation - 25
February 2020 - Parks & Recreation - 26
February 2020 - Parks & Recreation - 27
February 2020 - Parks & Recreation - 28
February 2020 - Parks & Recreation - 29
February 2020 - Parks & Recreation - 30
February 2020 - Parks & Recreation - 31
February 2020 - Parks & Recreation - 32
February 2020 - Parks & Recreation - 33
February 2020 - Parks & Recreation - 34
February 2020 - Parks & Recreation - 35
February 2020 - Parks & Recreation - 36
February 2020 - Parks & Recreation - 37
February 2020 - Parks & Recreation - 38
February 2020 - Parks & Recreation - 39
February 2020 - Parks & Recreation - 40
February 2020 - Parks & Recreation - 41
February 2020 - Parks & Recreation - 42
February 2020 - Parks & Recreation - 43
February 2020 - Parks & Recreation - 44
February 2020 - Parks & Recreation - 45
February 2020 - Parks & Recreation - 46
February 2020 - Parks & Recreation - 47
February 2020 - Parks & Recreation - 48
February 2020 - Parks & Recreation - 49
February 2020 - Parks & Recreation - 50
February 2020 - Parks & Recreation - 51
February 2020 - Parks & Recreation - 52
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/february-2021
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/january-2021
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/december-2020
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/november-2020
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/october-2020
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/september-2020
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/august-2020
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/july-2020
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/june-2020
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/may-2020
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/april-2020
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/march-2020
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/february-2020
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/january-2020
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/december-2019
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/november-2019
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/october-2019
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/september-2019
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/august-2019
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/july-2019
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/june-2019
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/may-2019
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/april-2019
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/march-2019
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/february-2019
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/january-2019
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/december-2018
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/november-2018
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/october-2018
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/september-2018
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/august-2018
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/july-2018
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/june-2018
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/may-2018
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/april-2018
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/march-2018
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/february-2018
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/january-2018
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/december-2017
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/november-2017
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/october-2017
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/september-2017
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/august-2017
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/july-2017
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/june-2017
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/may-2017
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/april-2017
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/march-2017
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/february-2017
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/january-2017
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/december-2016
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/november-2016
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/october-2016
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/august-2016
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/july-2016
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/june-2016
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/may-2016
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/april-2016
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/march-2016
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/february-2016
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/january-2016
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/december-2015
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/november-2015
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/october-2015
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/september-2015
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/august-2015
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/july-2015
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/june-2015
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/may-2015
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/april-2015
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/march-2015
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/february-2015
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/january-2015
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/december-2014
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/november-2014
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/october-2014
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/september-2014
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/august-2014
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/july-2014
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/june-2014
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/may-2014
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/april-2014
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/march-2014
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/february-2014
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/january-2014
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/december-2013
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/november-2013
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/october-2013
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/september-2013
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/august-2013
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/july-2013
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/june-2013
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/may-2013
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/april-2013
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/march-2013
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/february-2013
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/january-2013
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/december-2012
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/november-2012
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/october-2012
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/september-2012
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/august-2012
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/july-2012
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/june-2012
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/may-2012
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/april-2012
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/march-2012
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/february-2012
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/january-2012
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/december-2011
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/november-2011
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/october-2011
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/september-2011
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/august-2011
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/july-2011
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/june-2011
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/may-2011
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/april-2011
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/march-2011
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/february-2011
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/january-2011
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/december-2010
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/november-2010
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/october-2010
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/september-2010
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/august-2010
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/july-2010
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/june-2010
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/may-2010
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/april-2010
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/march-2010
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/february-2010
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/january-2010
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/december-2009
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/november-2009
https://www.nxtbookmedia.com