Legal Opinion

Rynerson v. City of Franklin

Indiana Supreme Court

Decided August 7, 1996No. 41S05-9603-CV-00209PublishedCited by 30 opinions

1Opinion of the Court

ON PETITION TO TRANSFER

SULLIVAN, Justice.

We hold that the procedure in Ind. Code § 86-8-8-4, which permits a city attorney who is a member of a city public works and safety board to prosecute police and fire discipline cases before the board so long as the attorney does not participate as a board member in any police or fire disciplinary proceedings, does not violate due process.

Background

Petitioner Larry J. Rynerson was a police officer with the City of Franklin Police Department. Pursuant to Indiana Code § 36-8-3-4 (1988 & 1989 Supp.), the City of Franklin Board of Public Works and Safety…

2Cases cited25 opinions

  1. Goss v. LopezSupreme Court of the United States · 1975
  2. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
  3. Withrow v. LarkinSupreme Court of the United States · 1975
  4. Arnett v. KennedySupreme Court of the United States · 1974
  5. United States v. MorganSupreme Court of the United States · 1941

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3Cited by30 opinions

  1. Clark v. State Board of Tax CommissionersIndiana Tax Court · 1998
  2. City of Hobart Common Council v. Behavioral Institute of Indiana, LLCIndiana Court of Appeals · 2003
  3. Perry-Worth Concerned Citizens v. Board of CommissionersIndiana Court of Appeals · 2000
  4. Foor v. Town of HebronIndiana Court of Appeals · 2001
  5. Breitweiser v. Indiana Office of Environmental AdjudicationIndiana Supreme Court · 2004

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