Montana Department of Transportation v. Montana Department of Labor & Industry

¶1 Sheila Cozzie (Cozzie) appeals the order of the First Judicial District Court, Lewis and Clark County, overturning the Board of Personnel Appeals’ (BOPA) Final Order. We affirm the District Court and restate the issues as follows:

1. Did the District Court err by affirming, on evidentiary or due process grounds, the evidentiary ruling made by the Hearing Examiner?

2. Did the District Court err by reversing the BOPA’s just cause decision?

FACTUAL AND PROCEDURAL BACKGROUND

¶2 In 2006, the Montana Department of Transportation (MDOT) hired Cozzie to be its Civil Rights Bureau Chief. At that time,…