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PIMA COUNTY v. PIMA COUNTY LAW ENFORCEMENT

No. CV-04-0356-PR.

119 P.3d 1027 (2005)

PIMA COUNTY, a political subdivision of the State of Arizona, and Clarence Dupnik, Pima County Sheriff, Plaintiffs/Appellants, v. PIMA COUNTY LAW ENFORCEMENT MERIT SYSTEM COUNCIL and Georgia Brousseau, Michael Hellon, Herschella Horton, Rosemary Marquez, Paul Julien, and James Watson, in their official capacities, and acting as Pima County Law Enforcement Merit System Council, Defendants/Appellees, Joseph Harvey, Real Party in Interest.

Supreme Court of Arizona, En Banc.

September 21, 2005.

Attorney(s) appearing for the Case

Gabroy, Rollman & Bossé, P.C. by John Gabroy, Lyle D. Aldridge, Richard A. Brown, Tucson, Attorneys for Pima County and Clarence Dupnik, Pima County Sheriff.

Corey & Kime by Barry M. Corey, Michelle S. Michelson, Jason E. Smith, Tucson, Attorneys for Pima County Law Enforcement Merit System Council, Georgia Brousseau, Michael Hellon, Herschella Horton, Rosemary Marquez, Paul Julien, and James Watson.

Piccarreta & Davis P.C. by Michael L. Piccarreta, Jefferson L. Keenan, Michael W. Storie, Tucson, Attorneys for Joseph Harvey.

OPINION

BERCH, Vice Chief Justice.

¶ 1 This case arises out of the dismissal of Deputy Sheriff Joseph Harvey from the Pima County Sheriff's Office. We granted review to decide whether Pima County Law Enforcement Merit System Council ("LEMSC") Rule XIII-4(I), which gives the Council broad discretion to revoke or modify the employer's disciplinary action, is consistent with "recognized merit system principles of public employment," as required by Arizona...

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