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DEPT. OF CORRECTIONS v. STATE PERSONNEL BD.

No. 1 CA-CV 01-0492.

48 P.3d 1208 (2002)

202 Ariz. 598

ARIZONA DEPARTMENT OF CORRECTIONS, Plaintiff-Appellant, v. STATE of Arizona PERSONNEL BOARD; Becky Jordan, Chairperson; Betty Teague, Vice Chair; Linda Thompson, Barry Levitch and Josie Ippolito, Members; and Mario Diaz, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department C.

July 2, 2002.

Attorney(s) appearing for the Case

Janet Napolitano, Attorney General, by Michael M. Walker, Assistant Attorney General, Phoenix, for appellant.

Sundberg & Mousel, by Craig L. Mousel, Phoenix, for appellee Arizona Personnel Board and Members.

Roberson & Shelley, by Robert J. Roberson, Jerrold F. Shelley, Yuma, for appellee Mario Diaz.

OPINION

LANKFORD, J.

¶ 1 The Arizona Department of Corrections ("ADOC") appeals from the superior court's order upholding the State Personnel Board's decision to modify the discipline that ADOC had imposed on employee Mario Diaz. The issue presented is whether the Board correctly concluded that the discipline was "excessive." We reverse the superior court's order and remand for reinstatement of ADOC's selected...

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