Citation Numbers: 513 S.W.2d 487
Judges: Palmore, Reed, Who
Filed Date: 3/15/1974
Status: Precedential
Modified Date: 10/1/2021
The appellee, Foy Embry, County Judge of Grayson County, removed the appellant, Carl Cockriel, as Grayson County engineer. KRS 179.060 empowers the county judge to remove the county engineer “at any time for incompetency, malfeasance or misfeasance.” The statute requires written charges, a hearing preceded by notice and written specification of the grounds of removal if the charges are sustained; it also requires that “the record of the proceedings shall be filed in the office of the county clerk.” The county judge, with the consent of the fiscal court, is authorized to appoint a county engineer to fill a vacancy caused by such removal. The statute then declares “the person so appointed shall hold office for the unexpired term or until a final order of a court of competent jurisdiction determines that the original county engineer was wrongfully and illegally removed and directs his reinstatement.” (emphasis added.)
After a hearing pursuant to notice, Judge Embry ordered the removal of Cock-riel. Cockriel filed an independent action in the circuit court seeking a declaration that the statutory removal was void. The circuit court sustained Judge Embry’s motion for a summary judgment. Cockriel thereupon appealed to this court. Cockriel insists that the county judge acted arbitrarily and without evidence.
Substantially the same statute as KRS 179.060 was considered by this court in
In the case at bar, the notice of hearing is sufficient. A hearing was held at which Cockriel was present and represented by counsel and at which evidence was heard. The critical problem is whether there was substantial evidence
In view of the latitude afforded to the county judge, who is only restricted by the limitations of “good faith” and “substantial evidence,” and in further consideration that for at least the past SO years no statutory appellate procedure to the courts has been legislatively provided, we think it rather late in the day to require a circuit court to first consume its time determining the issue of what evidence was in fact heard by the county judge acting in an administrative capacity in the discharge of a county road engineer under the circumstances presented in this case. No real attempt to provide the proper material for meaningful judicial review has been made by the parties to the dispute.
The application of Cockriel was for declaratory relief. A reasonably adequate recitation of the evidence heard and considered by the county judge should be furnished to the circuit court so the essential determinant for the circuit court’s review of the validity of the county judge’s action in this case is presented. It follows, there
The application for declaratory relief should be abated and the parties directed to furnish a proper record for judicial review after which the circuit court may dispose of the action on its merits.
The judgment is reversed for further proceedings consistent herewith.
. The Reese opinion contains two statements that are no longer authoritative: first, the evidentiary test to determine “arbitrary” administrative action is lack of substantive evidence not “absence of any evidence whatever” as Reese decides; second, an allegation that administrative action is supported by “no evidence” is a statement of fact and not a legal conclusion as the Reese case suggests.
. Cockriel’s so-called “narrative statement” is equivalent to a self-serving declaration of argumentative assertions and conclusions.