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(Download) "Gary L. Booth v. City Burley" by Supreme Court of Idaho No. 12470 # Book PDF Kindle ePub Free

Gary L. Booth v. City Burley

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eBook details

  • Title: Gary L. Booth v. City Burley
  • Author : Supreme Court of Idaho No. 12470
  • Release Date : January 14, 1978
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

On February 10, 1975, claimant-appellant Gary L. Booth was discharged as Chief of Police for defendant-respondent City of Burley (hereinafter respondent city). Thereafter appellant applied for unemployment benefits with defendant-respondent Idaho Department of Employment (hereinafter respondent department), but moved to Nebraska prior to the appeals examiner's determination of eligibility. Respondent city asserted nine reasons for appellant's discharge before the claims examiner, summarized as follows: leaving the city without properly notifying city officials; promoting members of the police department without approval; ordering uniforms and supplies without advance approval; failing to submit expense vouchers during the fiscal year in which expenses were incurred; misrepresenting the police department's budget surplus; hiring city personnel without advance approval; failing to discharge his wife from employment with the police department after being so requested by city officials; and improperly performing fiscal responsibilities. Appellant, however, did not respond to these charges. The claims examiner concluded from the statements submitted that appellant was discharged for misconduct in connection with his employment and denied appellant's claim for unemployment benefits. After being denied benefits, appellant retained Idaho counsel and requested a redetermination, which was treated by respondent department as an appeal pursuant to I.C. § 72-1368(d). Pursuant to I.C. § 72-1344, a hearing was held before the Nebraska Unemployment Compensation appeals referee and appellant's recorded testimony, together with exhibits, was sent to the Idaho appeals examiner. At the continued hearing before the Idaho appeals examiner appellant was represented by counsel and testimony was received from several city employees. The appeals examiner granted appellant's claim for unemployment benefits, concluding that appellant's actions were negligent but did not constitute misconduct under the Idaho Employment Security Law.


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