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.

ISSUES:

(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.

Disclaimer:

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.