Administrative Hearing Commission
Editor:Richard Maseles, Esquire
Discipline of police officer for use of firearm in domestic
dispute proved by officer's failure to answer complaint or respond to
request for admissions. Director of Department of Public Safety v. McGee, No. 08-1605 PO (Mo. AHC, February 10, 2011), Chapel, C.
According to the complaint, McGee, a peace officer, became
intoxicated and got into an argument with his girlfriend. After she
locked herself in her car, McGee fired his pistol at her and her car,
shooting out the tires. When she ran into her residence, McGee followed
her, kicked the door open, and fired more shots. The girlfriend's two
children and a neighbor's three children were sleeping in the
residence. There were no allegations of criminal charges filed against
McGee, but the Director brought this complaint, alleging cause for
discipline under Section 590.080. When McGee failed to answer the
complaint or respond to a request for admissions, the Director moved
for summary decision, which was granted. The commission found that
McGee committed several criminal offenses (domestic assault, child
endangerment, property damage, burglary, armed criminal action, and
unlawful use of a weapon), thus justifying discipline, accepting the
deemed admissions as proof.
Campaign committee and its treasurer liable for fees based on multiple violations of Missouri campaign finance laws. Northeast Ambulance and Fire Protection Improvement District and Tolbert v. Missouri Ethics Commission, No. 10-0242 EC (Mo. AHC, January 25, 2011), Dandamudi, C.
A campaign committee was involved with two propositions in local
elections as well as recall elections for two District board members.
After receiving complaints of violations of the campaign finance
disclosure laws (Section 130.011 et seq. RSMo), the Ethics Commission
found numerous violations of those laws and imposed fees against the
committee and its treasurer. The committee appealed, but the AHC
affirmed the findings and imposed fees based on its calculations. The
AHC held that the committee's failure to timely file quarterly finance
disclosure reports or pre-election and post-election reports, properly
report contributions, contributor addresses and employers, expenditures
made (and the names and addresses of the recipients of such
expenditures), or cash contributions or expenditures all constituted
violations of the campaign finance disclosure law.
Neurosurgeon not subject to discipline for acts and decisions made in course of medical and surgical treatment. State Bd. of Reg. for the Healing Arts v. Albanna, No. 04-0595 HA (Mo. AHC, January 4, 2011), Chapel, C.
The State Board of Registration for the Healing Arts sought to
discipline Albanna, a board-certified neurosurgeon, under Section
334.100.2, RSMo for repeated negligence, incompetency, gross
negligence, harmful conduct. After hearing extensive evidence,
including conflicting expert testimony, the commission found no grounds
for discipline. The board alleged acts and decisions justifying
discipline involving six patients, but the commission found them to be
insufficient justification for discipline. Albanna took on difficult
cases on which physicians and surgeons could, and did, disagree as to
the course of treatment. In some cases, there was conflicting evidence
regarding the patient's informed consent. In other cases, acts that the
board alleged warranted discipline (such as allegedly leaving surgical
clips in a patient too long) were met by expert witness testimony to
the contrary. The commission found no repeated negligence, nor any
instances of inappropriate or unnecessary surgery, with regard to any
patient for whom such allegations were raised.
The Missouri Bar Courts Bulletin, 11-Feb