Sample v. Department of Corrections

COLE, Judge.

The main issue in this Civil Service Commission ease is whether or not the appointing authority proved by a preponderance of the evidence that the employee, Mark Sample, was asleep while on duty as a prison guard.

The facts are as follows: Mark Sample was employed as a Correctional Security Officer III at the Juvenile Reception and Diagnostic Center (JRDC). On July 2,1981, he was the supervisor of the night shift at the Juvenile Adjustment Center (JAC), a maximum security unit for young men age 15 to 20. In the early morning hours of July 2, the supervisor in charge of security,…