Pima County v. Pima County Law Enforcement Merit System Council

OPINION

BERCH, Vice Chief Justice.

¶ 1 This case arises out of the dismissal of Deputy Sheriff Joseph Harvey from the Pima County Sheriff’s Office. We granted review to decide whether Pima County Law Enforcement Merit System Council (“LEMSC”) Rule XIII — 4(1), which gives the Council broad discretion to revoke or modify the employer’s disciplinary action, is consistent with “recognized merit system principles of public employment,” as required by Arizona Revised Statutes (“AR.S.”) section 38-1003 (Supp.2004), and therefore whether the Council’s reinstatement of Deputy Harvey was lawful. We…