Tuesday, January 24, 2017 - Carson City - Silver/Tao/Gibbons
O’Keefe vs. State of Nevada Department of Motor Vehicles
Docket Number: 68460
Carson City - 1:30 p.m. - Court of Appeals
Appellant Cara O’Keefe, a DMV employee, was dismissed for performing work outside the scope of her job. The DMV found O’Keefe violated multiple statutes and DMV policies, including a policy that mandated dismissal. A hearing officer, noting due process concerns, reversed O’Keefe’s dismissal, concluding the policy allowed for discretionary dismissal and dismissal was not a proper response to O’Keefe’s conduct. A district court granted the DMV’s petition for judicial review and set aside the hearing officer’s decision, holding the DMV’s disciplinary policy provided for mandatory, rather than discretionary, dismissal.
(1) Whether substantial evidence supports the hearing officer’s decision; (2) whether the DMV’s disciplinary policy was amended by its memorandum; and (3) whether the DMV improperly delayed investigating O’Keefe’s conduct.
This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.