Erick Gordon v. Tennessee Department of Safety and Homeland Security

Syllabus

The petitioner's employment as a Tennessee highway patrolman was terminated for cause after he attended a training course on breathalyzer machines and, as part of the training, submitted two breath samples that returned positive numbers for alcohol content in his blood. The petitioner appealed, but his termination was upheld in the first two steps of the internal appeals process by the respondent, the Tennessee Department of Safety and Homeland Security (\the Department\). The petitioner appealed to the Tennessee Board of Appeals, which conducted a hearing on the matter. Prior to the hearing, Mr. Gordon filed a motion in limine, seeking to exclude the two breathalyzer test results on grounds that the tests were not conducted in compliance with the evidentiary requirements for breathalyzer test results. The Board declined to exclude the breathalyzer test results and upheld the petitioner's termination, ending the Department's internal appeals process. The petitioner sought judicial review with the trial court. The trial court reversed and modified the Board's decision, determining that the Board improperly considered the numeric breathalyzer test results and that without them there was no substantial and material evidence remaining to support the Board's decision to terminate Mr. Gordon's employment. Nonetheless, the trial court determined that some discipline was warranted and accordingly ordered the Department to reinstate the petitioner with back pay and benefits to one year following his dismissal, in effect sanctioning petitioner with a oneyear suspension without pay. The Department timely appealed. Discerning no reversible error, we affirm.