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Iowa Appeals Court Upholds Police Chief's Firing

By Becky Ogann

Story Created: Feb 4, 2009 at 1:02 PM CST

Story Updated: Feb 4, 2009 at 1:02 PM CST

DES MOINES (AP) - The Iowa Court of Appeals has upheld the firing of a former Evansdale police chief, rejecting his claim that his due process rights were violated.

Michael Burke was fired on Nov. 1, 2006 after a sexual harassment complaint was filed against him and after an investigation showed he didn't properly handle property seized during an investigation.

Burke claimed he was illegally fired because he was not granted a pre-termination hearing. A district court rejected his argument, saying Burke was employed at-will and that there was no requirement for a pre-termination hearing.

The appeals court on Wednesday upheld the district court's decision, saying Burke's due process rights were protected by the option for a post-termination hearing, which he did not request.

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