Summary 2013 WY 68

Summary of Decision June 5, 2013

Chief Justice Kite delivered the opinion for the Court. Reversed and Remanded.

Case Name: IN THE MATTER OF THE UNEMPLOYMENT CLAIM OF SEAN A. RINGROSE: STATE OF WYOMING, DEPARTMENT OF EMPLOYMENT, UNEMPLOYMENT INSURANCE COMMISSION v. LARAMIE COUNTY, WYOMING

Docket Number: S-12-0222

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Laramie County The Honorable Peter G. Arnold, Judge

Representing Appellant: Gregory A. Phillips, Wyoming Attorney General; John D. Rossetti, Deputy Attorney General; Michael J. Finn, Senior Assistant Attorney General; Brenda S. Yamaji, Assistant Attorney General. Argument by Ms. Yamaji.

Representing Appellee: Mark T. Voss, Laramie County Attorney and Sylvia Lee Hackl*, Deputy Laramie County Attorney, Cheyenne, Wyoming.

*Ms. Hackl withdrew as counsel for the Appellee on June 3, 2013.

Date of Decision: June 5, 2013

Facts: Sean A. Ringrose was terminated from his position as a patrol deputy for the Laramie County Sheriff’s Department. His initial application for unemployment benefits was denied, but after a contested case hearing, a Wyoming Department of Employment, Unemployment Insurance Division, hearing officer concluded he had not committed misconduct connected with his work and awarded benefits. The Unemployment Insurance Commission upheld the hearing officer’s decision, but, after Laramie County petitioned for judicial review, the district court reversed.

Issues: The Commission presents the following issue for this Court’s consideration: The Laramie County Sheriff’s Department terminated Mr. Ringrose’s employment with the Department following an incident that occurred while Mr. Ringrose was working private security. After an evidentiary hearing, a hearing officer allowed unemployment benefits finding that Mr. Ringrose was discharged from his employment, but not for misconduct connected to his work. The Unemployment Insurance Commission affirmed that decision. The district court reversed the Commission’s decision stating that it was not supported by substantial evidence. Was the Commission’s decision supported by substantial evidence?
Laramie County rephrases the issue: Whether the decision that Sean Ringrose was not discharged for misconduct related to his employment as a deputy sheriff was supported by substantial evidence.

Holdings: Applying the appropriate standard of review, we conclude substantial evidence was presented to support the agency’s decision and, therefore, reverse and remand for entry of an order affirming the Commission’s decision.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court
[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

Summary 2013 WY 12

Summary of Decision January 31, 2013

Justice Voigt delivered the opinion for the Court. Affirmed.

Case Name: ZACK D. KOCH v. DEPARTMENT OF EMPLOYMENT, UNEMPLOYMENT INSURANCE COMMISSION

Docket Number: S-12-0123

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Albany County, Honorable Jeffrey A. Donnell, Judge

Representing Appellant (Plaintiff/Defendant): Bruce S. Asay, Associated Legal Group, LLC, Cheyenne, Wyoming.

Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Wyoming Attorney General; John D. Rossetti, Deputy Attorney General; Michael J. Finn, Senior Assistant Attorney General; Brenda S. Yamaji, Assistant Attorney General.

Date of Decision: January 31, 2013

Facts: The appellant, Zack D. Koch, was terminated from his employment with HIS-Garden Inn Laramie, Inc. (Hilton) on December 10, 2009. The appellant applied for and was initially granted unemployment benefits. Hilton appealed that determination and, after a telephonic hearing where testimony and evidence was received, a hearing examiner affirmed the initial decision and found that the appellant was entitled to unemployment benefits. Hilton then appealed the hearing examiner’s decision to the Unemployment Insurance Commission (Commission), which reversed the hearing examiner’s decision and found that the appellant was not entitled to unemployment benefits. The appellant appealed the Commission’s decision to the district court, which affirmed the Commission’s denial of benefits. The appellant now appeals the Commission’s decision to this Court.

Issues: As a matter of law, did the Commission act within its authority when it reviewed and reversed the hearing examiner’s decision to grant the appellant unemployment benefits? Was the Commission’s decision that the appellant engaged in misconduct and thereby not entitled to unemployment benefits supported by substantial evidence in the record?

Holdings: The appellant’s claim for unemployment benefits was considered properly by the appeal tribunal and the Commission in accordance with the statutory requirements. Further, the district court conducted the proper review of the agency decision by reviewing the decision of the Commission and not of the hearing examiner in the appeal tribunal. Finally, the Commission’s determination that the appellant was terminated for engaging in misconduct is supported by substantial evidence in the record. Affirmed.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]