DES MOINES, Iowa (AP) - The Iowa Supreme Court ruled that Sioux City officials were within their rights to fire a longtime firefighter, reversing the order of a lower court to reinstate him.
A 5-2 decision by Iowa’s high court on Friday reversed a 2015 Woodbury District Court order for the city to reinstate former Master Firefighter Larry Whitwer and pay him about $100,000 lost wages, plus court costs, the Sioux City Journal reported (https://bit.ly/2rMqASs ).
Whitwer was a 20-year veteran of Sioux City Fire Rescue when he was fired in 2013. He pleaded guilty in 2012 to domestic abuse assault and signed a “last-chance agreement” with the city that allowed him to keep his job unless he violated the law or a no-contact order with the victim. But 13 months after signing the agreement, Whitwer was fired after being arrested for violating the court order by sending a text message to the victim.
The judge ruled Whitwer’s “last-chance agreement” should have been reviewed and approved by the Civil Service Commission, and ordered Whitwer reinstated. The city appealed.
On Friday, the state Supreme Court cited legal precedent in determining that a civil service employee may enter into a valid last-chance agreement, and that Whitwer had done so knowingly and willingly.
No provision governing the employment of civil servants “authorizes the commission to review and approve such agreements or provides it with standards for doing so,” Justice Edward Mansfield wrote for the majority.
Justices Brent Appel and Daryl Hecht said in their dissent that they believe Iowa law prohibits the dismissal of an employee without a majority vote from the commission.
An attorney for Whitwer, Jay Denne, did not comment Friday to the newspaper and did not immediately return a message left Saturday by The Associated Press at his office.
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Information from: Sioux City Journal, https://www.siouxcityjournal.com
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