Civil Service Commission v. City of Kelso

Officer Darrell Stair (defendant) was employed with the city of Kelso (the city) (defendant) as a police officer. Stair was suspended for two-and-a-half days following an accident caused by a high-speed chase in which he was involved. Stair was informed that he had 10 days to file an appeal with the Civil Service Commission (the commission) (plaintiff), pursuant to the city’s civil-service rules. On the same day, Stair requested an appeal with the commission and initiated a grievance procedure pursuant to the collective-bargaining agreement (CBA) between his union and the city, two separate courses of remedy. Employees of the Kelso Police Department were covered by the city’s civil-service rules, which required that disciplinary actions be carried out in good faith and for cause, as well as the CBA, which only permitted disciplinary actions for just cause. After a hearing, the commission determined that, in light of Stair’s conduct, a 10-day suspension was more appropriate. Subsequently, Stair, represented by his union, and the city participated in arbitration pursuant to the CBA. An arbitrator ultimately determined that Stair’s suspension did not meet the CBA’s just-cause standard and ordered that his punishment be reduced to a written remand. The commission filed a complaint in superior court, arguing that res judicata precluded Stair’s case from being relitigated at arbitration, and that its earlier ruling should be binding on all parties. Finding that the commission’s ruling had a res judicata effect, the superior court granted the relief sought by the commission. The court of appeals agreed. Stair appealed, arguing that res judicata did not preclude the arbitrator’s ruling, and seeking enforcement of the arbitrator’s reduced punishment.