Christopher C. Cook v. Mike Card, The City of Sheridan Chief of Police

[1] After the Sheridan Police Department Civil Service Commission (the Commission)
entered an order dismissing him from service with the Sheridan Police Department (the
Department), Christopher C. Cook filed a notice of appeal in the district court. Chief of
Police, Mike Card, on behalf of the Department, filed a motion to dismiss the appeal on
the ground that Mr. Cook failed to comply with the Wyoming Rules of Appellate
Procedure in that he filed a notice of appeal rather than a petition for review. The district
court granted the motion. On appeal to this Court, Mr. Cook contends the district court
erred in granting the motion and dismissing his appeal. We reverse.

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[3] Mr. Cook was employed by the Department as a detective. On July 9, 2005, while
off-duty, he attended a Harley Owners' Group (HOG) rally in Sheridan. Sheridan Mayor
Dave Kinskey was also present at the rally.

[4] During the rally, Detective Cook called the on-duty shift commander, Lieutenant
Chris Dahmke, and told him that Mayor Kinskey had been drinking alcohol, was
probably intoxicated and had just gotten into his vehicle and left the rally. A short time
later, Lieutenant Dahmke stopped Mayor Kinskey's vehicle. Ultimately, it was
determined that the mayor was not intoxicated and could legally drive.

[5] Chief Card requested an investigation of the events that occurred on July 9. As a
result of the investigation, he recommended Detective Cook's termination. A hearing
was held before the Commission on February 6 and 7, 2006. After the hearing, on April
27, 2006, the Commission issued an order consenting to Detective Cook's discharge.

[6] On May 17, 2006, Mr. Cook filed a notice of appeal in the district court. The
Department filed a motion to dismiss the appeal on June 2, 2006, on the grounds that an
appeal from the Commission's order was not authorized, the correct manner in which to
seek review was by filing a petition for review pursuant to W.R.A.P. 12.06, and no such
petition was filed. On June 5, 2006, nine days after the time for filing a petition for
review had expired, Mr. Cook filed a motion for leave to amend his notice of appeal to
which he attached a petition for review in compliance with rule 12.06.

[7] A hearing was scheduled for September 11, 2006. At the conclusion of the hearing,
the district court orally granted the Department's motion to dismiss. Mr. Cook appealed
from the written order granting the motion.

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For more information about this case, go to: http://courts.state.wy.us/Opinions/2007WY178.pdf