Database Search Result Details
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First Name
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SANDRA
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Last Name
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DAVIS
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Decision Date
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1/22/1990
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Docket Number
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89-DMV-569
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ALJ
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RW
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Respondent
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DEPARTMENT OF MOTOR VEHICLES
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Employment Type
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STATE
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Job Title
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Topics
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DISMISSAL
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Primary Issues
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Mishandling Funds
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Outcome
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DENIED
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Statutes
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CIVIL SERV REG 13.02
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Related Cases
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Several Supreme Court cases cited
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Keywords
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GROSS MISCONDUCT
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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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GRIEVANT, A CLASSIFIED EMPLOYEE, WAS TERMINATED EFFECTIVE IMMEDIATELY FOR ALLEGED GROSS MISCONDUCT. THE TERMINATION NOTICE LISTED TWO GROUNDS: THE FAILURE TO FOLLOW AN EXPRESS DIRECTIVE OF A SUPERVISOR REGARDING THE DAILY RECEIPT OF FUNDS AND THE NEGLIGENT MISHANDLING OF FUNDS. ADDITIONAL FACTUAL INFORMATION WAS ALSO INCLUDED WITHIN THE NOTICE. DECISION: GRIEVANCE DENIED. THE HEARING EXAMINER FOUND GOOD CAUSE EXISTED FOR THE DISMISSAL AS THE EVIDENCE SHOWED THAT SHE HAD TAKEN MONEY COLLECTED IN THE COURSE OF HER EMPLOYMENT, EVEN THOUGH SHE DID NOT INTEND TO PERMANENTLY RETAIN THE MONEY, AND HAD FABRICATED A STORY WHEN CONFRONTED WITH AN ACCUSATION ABOUT THE MONEY TAKEN. THE ARGUMENT WAS REJECTED THAT OTHERS HAD BEEN TREATED DIFFERENTLY. CONTENTIONS THAT THE TERMINATION NOTICE DID NOT CONTAIN 'SPECIFIC REASONS' AS REQUIRED BY CSC REGULATIONS AND THAT THE STATED GROUNDS FOR THE DISMISSAL DID NOT CONSTITUTE GOOD CAUSE WERE ALSO REJECTED.
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