Tennessee Department of Correction v. Pressley
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A “preferred service” state employee does not have a protected property interest in his or her employment, and the State did not bear the ultimate burden of proof in a post-termination administrative appeal under section 8-30-318 of the Tennessee Excellence, Accountability, and Management Act of 2012 (TEAM), Tenn Code. Ann. 8-39-101 through -407.
After the Tennessee Department of Correction (Petitioner) dismissed David Pressley from his employment as a correctional officer, Pressley challenged his termination under the TEAM Act’s appeals process. The Board of Appeals reinstated Pressley at Step III of the appeals process. The chancery court reversed, concluding that the Board erred in determining that the State bore the ultimate burden of proof in the Step III appeal. The court of appeals, in turn, reversed, determining that preferred service state employees have a protected property interest in their employment and that the Board correctly assigned the ultimate burden of proof. The Supreme Court reversed and remanded the case to the Board, holding (1) preferred service employees do not possess a property interest in their continued employment with the State; and (2) the Board erred when it assigned the ultimate burden of proof to the State to sustain Pressley’s termination for cause.
Court Description:
Authoring Judge: Chief Justice Jeffrey S. Bivins
Trial Court Judge: Chancellor Claudia C. Bonnyman
We granted this appeal to determine whether a preferred service state employee has a protected property interest in his or her employment and whether due process or specific statutory language requires the State to bear the ultimate burden of proof in a post-termination administrative appeal under section 8-30-318 of the Tennessee Excellence, Accountability, and Management Act of 2012, Tenn. Code Ann. 8-30-101 through -407. The Respondent, David Pressley, was employed by the Petitioner, Tennessee Department of Correction, as a correctional officer at the Morgan County Correctional Complex. Mr. Pressley was dismissed from his employment and challenged his termination pursuant to the TEAM Act s appeals process. Mr. Pressley s termination was upheld by the Commissioner of TDOC at Step I of the TEAM Act s appeals process and at Step II by the Commissioner of Human Resources. At Step III of the appeals process, the Board of Appeals reinstated Mr. Pressley and reduced his discipline to a 14-day suspension. The Board of Appeals also determined that the State bore the ultimate burden of proof in the Step III appeal. The State appealed to chancery court, challenging the assignment of the burden of proof. The chancery court reversed the Board of Appeals decision on the burden of proof issue and remanded the matter to the Board of Appeals. Mr. Pressley appealed to the Court of Appeals which, in turn, reversed the chancery court s decision and determined that preferred service state employees have a protected property interest in their employment and that the State bore the ultimate burden of proof in the Step III appeal. We reverse the Court of Appeals judgment and remand this matter to the Board of Appeals for further proceedings consistent with this Opinion.
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