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Chancery Court of Montgomery County upholds Burkhart termination
Jeff Burkhart
In a ruling issued yesterday, The Chancery Court for Montgomery County affirmed the unanimous decision of the appeals panel conducted by the city of Clarksville, TN regarding CFD Assistant Chief Jeff Burkhart’s May 3rd 2007 termination by Mayor Johnny Piper, when he refused a transfer to a job in a another city department for which he felt he was unqualified for.
Holding that “a reasonable mind might accept as adequate ” that his transfer was not a demotion and that a reasonable mind would also accept that in refusing the Mayor’s request he committed insubordination.
The six page decision cites T.C.A § 27-9-114 and the judicial review standards of T.C.A § 4-5-322 to conclude that the court was barred from substituting its judgment of the facts for that of the appeals panel. Furthermore it concluded that the hearing panel was not arbitrary or capricious under the facts of this case.
After his dismissal Jeff Burkhart was elected to the Clarksville City Council representing Ward 12.
Christie Hill, the Communications Director for the City of Clarksville referred to the ruling as “a big win for the city”.
http://www.clarksvilleonline.com/wp-content/uploads/2009/11/Clarksville-Ruling.pdf
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