DRAUGHON v. DEPT. OF FINANCIAL INSTITUTIONS

No. 970554-CA.

975 P.2d 935 (1999)

1999 UT App 042

Ronald R. DRAUGHON, Plaintiff and Appellant, v. DEPARTMENT OF FINANCIAL INSTITUTIONS, STATE OF UTAH; Department of Human Resource Management, State of Utah; Career Service Review Board, State of Utah; G. Edward Leary, in his individual and official capacities; Karen Suzuki-Okabe, in her individual and official capacities; and Robert N. White, in his individual and official capacities, Defendants and Appellees.

Court of Appeals of Utah.

February 19, 1999.


Attorney(s) appearing for the Case

Elizabeth T. Dunning and Brett J. DelPorto, Watkiss, Dunning & Skordas, Salt Lake City, for Appellant.

Jan Graham, Attorney General, Debra J. Moore and Brent A. Burnett, Assistant Attorneys General, Salt Lake City, for Appellees.

Phillip W. Dyer and Kevin C. Timken, Law Offices of Phillip W. Dyer, Salt Lake City, for Amicus Curiae Utah Public Employees' Association.

Before Judges BILLINGS, DAVIS, and ORME.


OPINION

BILLINGS, Judge:

¶ 1 Appellant Ronald Draughon (Appellant) appeals from a grant of summary judgment to the Department of Financial Institutions (the Department) and the Department of Human Resource Management (Human Resources) upholding rules promulgated by Human Resources allowing his involuntary reassignment without the procedural protections required for a demotion. We reverse and remand.

FACTS

¶ 2 Appellant is a career...

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