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PERSONNEL BD. v. DEPT. OF MENTAL HEALTH

2950650.

694 So.2d 1367 (1996)

STATE of Alabama PERSONNEL BOARD and James Hurst v. STATE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION.

Court of Civil Appeals of Alabama.

Rehearing Denied January 17, 1997.

Certiorari Denied April 18, 1997.

Attorney(s) appearing for the Case

Frank Ussery, Montgomery, for appellant State Personnel Board.

Richard P. Rouco of Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham, for appellant James Hurst.

Nancy S. Jones, Alabama Department of Mental Health and Mental Retardation, Bryce Hospital Legal Office, Tuscaloosa, for appellee.

Alabama Supreme Court 1960780.

CRAWLEY, Judge.

James Hurst was employed by the Department of Mental Health and Mental Retardation ("the Department") as a mental health worker at Bryce Hospital for 14 years. In April 1994, the Department dismissed him from his employment, based upon charges that he had sold marijuana to a patient and that he had refused to provide a urine sample for a drug test.

Hurst appealed his dismissal to the State Personnel Board...

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