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MONTOYA v. LAW ENFORCEMENT MERIT SYSTEM

No. 1 CA-CIV 7501.

148 Ariz. 108 (1985)

713 P.2d 309

Charles W. MONTOYA, Plaintiff-Appellant, v. The LAW ENFORCEMENT MERIT SYSTEM COUNCIL and Wayne E. Schneider, John R. Carney and Robert Stuchen, Chairman, Secretary and Member thereof, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

Motion for Reconsideration October 31, 1985.

Attorney(s) appearing for the Case

Richard J. Riley, Sierra Vista, for plaintiff-appellant.

Robert K. Corbin, Atty. Gen. by Evelyn R. Eppstein, Asst. Atty. Gen., Phoenix, for defendants-appellees.

OPINION

MEYERSON, Presiding Judge.

Charles W. Montoya was hired in 1981 as an officer trainee by the Arizona Department of Public Safety. In May, 1983, he was discharged following two incidents involving "suspicion" as to his "honesty in the removal of certain monies from the coffee fund." Pursuant to Department of Public Safety rules, Montoya's appointment could be terminated at any time, with no right of appeal from the termination. Montoya

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