King v. Mississippi Military DepartmentAnnotate this Case
In 2016, the Adjutant General of the Mississippi Military Department (Department) terminated Cindy King’s employment with the Department after conducting an investigation into some of King’s activities. King began working for the Department approximately twenty years ago, and her role was that of a supervisor in the Environmental Office at Camp Shelby. However, in late 2015, an officer was tasked with investigating whether King “utilized information garnered through her position as the Camp Shelby Environmental Officer to front run the Army Compatible Use Buffer Program for personal gain” by purchasing a specific piece of property located near Camp Shelby. King denied the claim against her, but after concluding the investigation, the Adjutant General terminated King’s employment with the Department. Aggrieved, King appealed her termination to the Mississippi Employee Appeals Board (Board); however, the Department challenged the Board’s jurisdiction to hear King’s appeal. The chief hearing officer assigned to King’s appeal agreed with the Department and dismissed King’s appeal. King then appealed for full Board review, and the Board affirmed the chief hearing officer’s determination. Next, King appealed to the Forrest County Circuit Court. The circuit court heard arguments and issued an opinion and judgment affirming the Board. Finally, King filed this appeal. The Mississippi Supreme Court held that, while King may be considered a state service employee as defined by the Legislature, the Adjutant General, by virtue of three statutory provisions, was not subject to review by the Board.