Berndt v. Arizona Department of Corrections

OPINION

JONES, Judge:

¶ 1 Brian Berndt appeals the superior court’s order on appeal affirming his termination as a corrections officer with the Arizona Department of Corrections (Department). The Arizona State Personnel Board (Board) had determined allegations of sexual harassment and insubordination against Berndt were unfounded, classified Berndt’s actions as horseplay, a less serious offense, and ordered the discipline reduced to an eighty-hour suspension. The Department rejected the Board’s decision, and the parties now dispute whether the Department was authorized to do so.

¶ 2 To resolve…