Taylor v. Dep’t of Health & Human Servs.

Appellant was terminated from his position as a group supervisor at a youth center after an incident involving Appellant and one of the youths. Appellant, who was a classified employee with the State Department of Health and Human Services in the Division of Child and Family Services (DCFS), administratively appealed his dismissal. A State Personnel Commission hearing officer set aside Appellant’s dismissal and remanded to DCFS to determine the appropriate level of discipline for Appellant’s infraction. Appellant subsequently sought judicial review to have a district court decide the issue of whether the hearing officer, as opposed to the employer, should determine the appropriate level of discipline for Appellant’s situation. The district court denied Appellant’s petition, concluding that hearing officers, after finding that dismissal was unreasonable, are not required to determine the appropriate level of discipline. The Supreme Court affirmed, holding that only appointing authorities, and not hearing officers, have the power to prescribe the actual discipline imposed on permanent classified state employees. View "Taylor v. Dep't of Health & Human Servs." on Justia Law