Legal Opinion · Concurrence

Sanchez v. Idaho Department of Correction

Idaho Supreme Court

Decided July 6, 2000No. Nos. 25121Published

1ConcurrenceChief Justice Trout

While I agree with the decision of the Court remanding this case back to the Personnel Commission, I write separately because I cannot agree with the decision regarding the parameters of the hearing to be held on remand. The Court concludes the case should be remanded for “a factual finding as to the rationale for the transfer order.” In my opinion, the rationale behind the involuntary transfer order is irrelevant. The only issue for the Personnel Commission to decide on remand is whether the Department’s dismissal of Sanchez was a valid disciplinary action under the circumstances of this…

2Cases cited3 opinions

  1. Washington Water Power Co. v. Kootenai Environmental AllianceIdaho Supreme Court · 1979
  2. Stroud v. Department of Labor & Industrial ServicesIdaho Court of Appeals · 1987
  3. Sheets v. Idaho Department of Health & WelfareIdaho Supreme Court · 1988

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