Database Search Result Details
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First Name
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GARY
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Last Name
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SCHMIDT
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Decision Date
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3/31/1989
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Docket Number
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DOH-88-063
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ALJ
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SA
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Respondent
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DIVISION OF HIGHWAYS
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Employment Type
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STATE
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Job Title
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HIGHWAY EQUIPMENT SUPERVISOR III
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Topics
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SUSPENSION
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Primary Issues
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Demotion; gross misconduct
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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29-6A-6;29-6A-5(b)
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Related Cases
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RAMEY V. HEALTH; DOUGLAS V. VA; CORR. V. LEMASTERS
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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It is Respondent's burden to present it's disciplinary policy, and in the absence thereof, the Board will consider the propriety of the disciplinary action under the principle that Respondent must establish good cause for the disciplinary action. In order to establish good cause for suspensions or demotions the misconduct must directly affect the rights and interest of the public, and be of a less substantial nature than cause for dismissal. Respondent established that Grievant's misconduct on October 2nd did affect the rights and interests of the public, in that the misconduct was at a working conference.
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