Georgia Department of Labor v. Sims

I concur with the majority opinion with regard to the State Personnel Board’s authority to modify the sanction imposed by the appointing authority. However, I would reverse the order of the Superior Court because I do not think the trial court was authorized to order the board to modify the sanction in the original order remanding the case to the board. The trial court may only substitute its judgment for that of the board in those specific instances as outlined in Code Ann. § 40-2207.1 (m) (now OCGA § 45-20-9 (m)). There is at least some evidence to support the charges against appellee…