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BLANCARTE v. ARIZONA DEPT. OF TRANSP.

No. 1 CA-CV 11-0558.

282 P.3d 442 (2012)

Mary M. BLANCARTE, Plaintiff/Appellee, v. ARIZONA DEPARTMENT OF TRANSPORTATION; Arizona State Personnel Board; Mark Ziska, in his official capacity as member of the State Personnel Board; Joseph C. Smith, in his official capacity as member of the State Personnel Board; Patrick J. Quinn, in his official capacity as member of the State Personnel Board; Jim Thompson, in his official capacity as member of the State Personnel Board; and Stella Galaviz, in her Official capacity as member of the State Personnel Board, Defendants/Appellants.

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

July 31, 2012.

Attorney(s) appearing for the Case

Martin & Bonnett PLLC By Daniel L. Bonnett, Mark A. Bracken, Phoenix, Attorneys for Plaintiff/Appellee.

Thomas Home, Attorney General By Robert J. Sokol, Assistant Attorney General, Phoenix, Attorneys for Defendant/Appellant, Arizona Department of Transportation.

Ridenour Hienton & Lewis By Jeffrey A. Bernick, Scott S. Wakefield, Phoenix, Attorneys for Defendant/Appellants, Arizona State Personnel Board and its Members.

OPINION

THUMMA, Judge.

¶ 1 In this employment termination case, we determine which of four decision makers is entitled to deference and whether the appropriate fact finder abused its discretion. Finding we owe deference to the Arizona State Personnel Board, we hold the Board did not abuse its discretion in affirming the Arizona Department of Transportation's ("ADOT") dismissal of Mary M. Blancarte from her position as an ADOT customer service representative...

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