Superior Court Sides with G&A on 12 Day Suspension Overturned

by | Apr 26, 2010

Superior Court Sides with G&A on 12 Day Suspension Overturned

Goyette and Associates has defeated the Department of Corrections’ attempt to impose discipline on a Correctional Lieutenant employed at Pelican Bay, for innocent conduct that occurred in 2005.  The Department of Corrections attempted to institute 12 days suspension on a Lieutenant for a violation of a purported rule, which did not exist at the time of the conduct.  After the State Personnel Board refused to uphold the Department’s discipline, the Department appealed to the Superior Court, demanding the Judge impose an Order imposing 12 days of discipline.  After extensive briefing and argument, the Superior Court refused to impose the discipline, agreeing with Goyette and Associate’s attorney, Joy Rosenquist, that the Personnel Board got it right the first time in their ruling.  The Lieutenant will not have to endure this suspension.  We have no doubt the Department will appeal, because that’s just what they do, even though we believe it’s a waste of taxpayer resources.  For more information on this win, contact Joy Rosenquist.

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