UTAH DEPT. OF CORRECTIONS v. DESPAIN

No. 910113-CA.

824 P.2d 439 (1991)

UTAH DEPARTMENT OF CORRECTIONS, Petitioner, v. John R. DESPAIN and the Career Service Review Board, Respondents.

Court of Appeals of Utah.

December 5, 1991.


Attorney(s) appearing for the Case

R. Paul Van Dam and Stephen G. Schwendiman, Salt Lake City, for petitioner.

L. Zane Gill and Robert N. White, Salt Lake City, for respondents.

Before BENCH, BILLINGS and GARFF, JJ.


BILLINGS, Associate Presiding Judge:

Petitioner Utah Department of Corrections (Department) dismissed respondent John R. Despain (Despain) from employment as a prison guard for off-duty conduct. Despain appealed his termination to respondent Career Service Review Board (CSRB). After an evidentiary hearing, a CSRB Hearing Officer reinstated Despain, finding he had not been terminated for just cause, but suspended him for twenty working days without pay. The Department...

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