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JACKSTADT v. WASHINGTON STATE PATROL

No. 22304-0-II.

976 P.2d 190 (1999)

Lane W. JACKSTADT, Appellant, v. WASHINGTON STATE PATROL, Respondent.

Court of Appeals of Washington, Division 2.

May 14, 1999.

Attorney(s) appearing for the Case

Carol Smith-Merkulov, Assistant Attorney General, Olympia, for Respondent.

Edward C. Harper, Leo Peter Shishmanian, Olmstead, Gibbs & Harper, Seattle, for Appellant.

MORGAN, J.

RCW 43.43.090 designates the chief of the Washington State Patrol (WSP) as the reviewing officer in a trial board proceeding. The question presented here is whether the chief may disqualify and substitute the assistant chief, a person of similar though not equal rank, when the chief has a conflict of interest. The answer is yes.

To discharge a trooper, the WSP convenes "a public hearing before a trial board consisting of two Washington state patrol...

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