Adkins v. City of Tell City

BAKER, Judge.

The Tell City Board of Safety fired police officer Joseph Adkins because he had sexual relations, while on duty, with a sixteen-year-old girl. He does not challenge the evidence which supported his discharge, rather he claims that serious procedural errors of the board defeated their action.

ISSUES

Adkins presents several issues for review, which we consolidate and restate as:

1. May an administrative agency which discharges an employee in contravention of statutory procedure rescind that dismissal?

2. Does the rule of necessity apply to administrative tribunals acting in a…