Summary 2007 WY 56

Summary of Decision issued April 9, 2007

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Case Name: Pinther v. State, Department of A & I

Citation: 2007 WY 56

Docket Number: 06-196

Appeal from the District Court of Laramie County, the Honorable Nicholas G. Kalokathis, Judge

Representing Appellant (Petitioner): Pro se.

Representing Appellee (Respondent): Patrick J. Crank, Attorney General; Michael L. Hubbard, Deputy Attorney General; Ryan T. Schelhaas, Senior Assistant Attorney General; and Elizabeth B. Lance, Assistant Attorney General.

Issue: Whether the Wyoming Department of Administration and Information violated the State’s Personnel Rules or the Appellant’s constitutional right to the due process of law by denying his request that a grievance committee be appointed to consider his demand for a job reclassification and salary increase.

Facts/Discussion: This is a W.R.A.P. 12.11 appeal from the district court’s adverse ruling in regard to Appellant’s petition for review of agency action.
Standard of Review: When considering an appeal from a district court’s review of agency action, the Court accords no special deference to the district court’s conclusion. The scope of the Court’s review is set forth in Wyo. Stat. Ann. § 16-3-114(c).

Appellant’s argument failed because the Personnel Rules do not require the extensive process described by Appellant. Position classifications are governed by Chapter 8 not Chapter 12 of the Personnel Rules. The key provisions of Chapter 12 leave the decision of whether to establish a grievance committee under these circumstances to the discretion of the Human Resources Administrator (see Section 5(e).) Appellant had not shown any constitutional due process right to that process under the circumstances of the case. Appellant had not raised the issue of due process in the court below, so the Court would not consider it on appeal.

Holding: The rulings of the district court and of the Department of Administration and Information were affirmed.

Affirmed.

C.J. Voigt delivered the decision.

Link: http://tinyurl.com/ysb7v6 .