Thomas v. Department of Social & Health Services

Faris, J.*

— Joseph K. Thomas appeals the Superior Court's affirmance of the Personnel Appeals Board's summary judgment in favor of the Department of Social and Health Services (DSHS). Thomas argues that DSHS violated his seniority rights by replacing him, rather than a less senior employee, upon the return of an exempt employee, John Stern, to classified service. We agree and reverse.

We are concerned here with Thomas's civil service rights upon the return of John Stern from an exempt1 position. Thus, we must first examine Stern's position before moving on to determine how Stern's return…