Brindley v. Logan City
Brindley v. Logan City, 2023 UT App 46 (Mortensen, J.)
Corey Brindley was fired by Logan City after random testing revealed alcohol in his system for the second time in three years. Brindley appeals his termination to the Logan City Employee Appeals Board. The technician who performed the breathalyzer test was not present at the hearing. Logan City offered no evidence of the test’s correctness beyond the technician’s certifications even though Brindley presented evidence that the test was not trustworthy. Despite this, the Board upheld Brindley’s termination. The court of appeals reversed, holding:
- Utah code provides a municipal employee who is the subject of discharge, suspension, or transfer a right to confront witnesses testifying against her. The Board exceeded its discretion when it upheld Brindley’s termination without ensuring that Brindley had an opportunity to confront the technician.