ALABAMA DEPT. OF MENTAL HEALTH v. Kirby

After being charged with abuse of a client, Michael E. Kirby (employee) was terminated from his employment as a Mental Health Worker I with the Alabama Department of Mental Health and Mental Retardation (Department) at the Albert P. Brewer Developmental Center (Brewer) on February 22, 1989. The employee appealed his termination to the State Personnel Board (Board), and a hearing officer was appointed. Following a hearing on May 25, 1989, the hearing officer determined that the employee had in fact committed client abuse and recommended that the employee's termination be sustained. Pursuant to…