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ZOTTOLA v. THREE RIVERS SCHOOL DIST.

(FDA-01-5; CA A122463; SC S52944).

149 P.3d 1151 (2006)

342 Or. 118

Sherry ZOTTOLA, Petitioner on Review, v. THREE RIVERS SCHOOL DISTRICT and Fair Dismissal Appeals Board, Respondents on Review.

Supreme Court of Oregon.

Decided December 21, 2006.

Attorney(s) appearing for the Case

Elizabeth A. Joffe, of McKanna Bishop Joffe & Sullivan, LLP, Portland, argued the cause and filed the brief for petitioner on review.

Nancy Hungerford, Oregon City, argued the cause and filed the brief for respondent on review Three Rivers School District.

Christina M. Hutchins, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review Fair Dismissal Appeals Board. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, and BALMER, Justices.

GILLETTE, J.

The issue in this administrative law case is whether the Fair Dismissal Appeals Board (FDAB) erred in concluding that a school district could offset certain unemployment benefits against a back-pay award that FDAB ordered the school district to pay to a wrongfully terminated employee. The Court of Appeals, in a brief per curiam opinion, affirmed the order of FDAB and, hence, the offset. Zottola v. Three Rivers School Dist., 202...

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