Becker v. Sunset City

Justice DURHAM,

opinion of the Court:

INTRODUCTION

{1 The Sunset City Police Department fired Officer Stewart Becker for reporting for duty under the influence of alcohol. The Sunset City Board of Appeals and the Utah Court of Appeals affirmed the termination decision. We granted certiorari on two issues: (1) whether a portable breath test (PBT) result provided sufficient evidentiary support to uphold Sunset City's decision to terminate Mr. Becker and (2) whether Utah Code section 34-88-7 permitted Sunset City to rely on a clause contained in its policy manual that allowed it to depart from the…