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KNOXVILLE UTILITIES BOARD Plaintiff-Appellee
vs.
KNOXVILLE CIVIL SERVICE MERIT BOARD Defendant and KELLY H. BURNETTE Defendant-Appellant
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Issues:
Public employee, marijuana, policy and procedure, safety.
Case Summary:
Kelly H. Burnette, a former pipe fitter for the Knoxville Bureau of Gas, appeals a lower court's decision that affirmed his dismissal for testing positive for marijuana. Burnette appealed his termination to the Knoxville Civil Service Merit Board. The board noted that employees involved in similar cases had been suspended and given the opportunity to receive treatment. The board converted Burnette's termination to a 90-day suspension. The Knoxville Utilities Board appealed the merit board's decision.
Decision of lower jurisdiction:
The Knox County Chancery Court ruled that Burnette held a position that concerned public safety. Therefore, his violation of an established policy constituted just cause for termination. Burnette now appeals.
Outcome:
Burnette loses. The Tennessee Court of Appeals affirmed the decision of the lower jurisdiction. The court ruled that the merit board erred in comparing Burnette's case to other discipline cases.