STATE, ETC. v. UTAH MERIT SYSTEM COUNCIL

No. 16501.

614 P.2d 1259 (1980)

STATE of Utah, By and Through the DEPARTMENT OF COMMUNITY AFFAIRS, Plaintiff and Respondent, v. UTAH MERIT SYSTEM COUNCIL and William A. Callahan, Defendants and Appellant.

Supreme Court of Utah.

July 3, 1980.


Attorney(s) appearing for the Case

J. Francis Valerga, Salt Lake City, for Callahan.

Anthony L. Rampton of Fabian & Clendenin, Salt Lake City, for Utah Merit System.

Robert B. Hansen, Atty. Gen., James L. Barker, Stephen G. Schwendiman, Asst. Attys. Gen., Salt Lake City, for plaintiff and respondent.


STEWART, Justice:

Defendant William Callahan was terminated as an employee of the Department of Community Affairs. The Utah Merit System Council ordered his reemployment. The State of Utah sought review in a district court which reversed and remanded. The district court directed the Council to hold a new hearing on the ground that three procedural errors had been committed during the hearing before the Merit System Council, i.e., failure to place witnesses under oath...

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