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REL: 8/27/10

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2010
2090085
Ex parte Joseph E. Pierson PETITION FOR WRIT OF CERTIORARI (In re: Joseph E. Pierson v.
Jefferson County Personnel Board and Jefferson County Roads
and Transportation Department)
(Jefferson Circuit Court: CV-08-1662)
On Application for Rehearing
THOMAS, Judge.



REL: 8/27/10

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2010
2090085
Ex parte Joseph E. Pierson PETITION FOR WRIT OF CERTIORARI (In re: Joseph E. Pierson v.
Jefferson County Personnel Board and Jefferson County Roads
and Transportation Department)
(Jefferson Circuit Court: CV-08-1662)
On Application for Rehearing
THOMAS, Judge.



REL: 8/27/10

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2010
2090085
Ex parte Joseph E. Pierson PETITION FOR WRIT OF CERTIORARI (In re: Joseph E. Pierson v.
Jefferson County Personnel Board and Jefferson County Roads
and Transportation Department)
(Jefferson Circuit Court: CV-08-1662)
On Application for Rehearing
THOMAS, Judge.



REL: 8/27/10

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2010
2090085
Ex parte Joseph E. Pierson PETITION FOR WRIT OF CERTIORARI (In re: Joseph E. Pierson v.
Jefferson County Personnel Board and Jefferson County Roads
and Transportation Department)
(Jefferson Circuit Court: CV-08-1662)
On Application for Rehearing
THOMAS, Judge.



REL: 8/27/10

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2010
2090085
Ex parte Joseph E. Pierson PETITION FOR WRIT OF CERTIORARI (In re: Joseph E. Pierson v.
Jefferson County Personnel Board and Jefferson County Roads
and Transportation Department)
(Jefferson Circuit Court: CV-08-1662)
On Application for Rehearing
THOMAS, Judge.



REL: 8/27/10

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2010
2090085
Ex parte Joseph E. Pierson PETITION FOR WRIT OF CERTIORARI (In re: Joseph E. Pierson v.
Jefferson County Personnel Board and Jefferson County Roads
and Transportation Department)
(Jefferson Circuit Court: CV-08-1662)
On Application for Rehearing
THOMAS, Judge.



REL: 8/27/10

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2010
2090085
Ex parte Joseph E. Pierson PETITION FOR WRIT OF CERTIORARI (In re: Joseph E. Pierson v.
Jefferson County Personnel Board and Jefferson County Roads
and Transportation Department)
(Jefferson Circuit Court: CV-08-1662)
On Application for Rehearing
THOMAS, Judge.



REL: 8/27/10

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2010
2090085
Ex parte Joseph E. Pierson PETITION FOR WRIT OF CERTIORARI (In re: Joseph E. Pierson v.
Jefferson County Personnel Board and Jefferson County Roads
and Transportation Department)
(Jefferson Circuit Court: CV-08-1662)
On Application for Rehearing
THOMAS, Judge.



REL: 8/27/10

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2010
2090085
Ex parte Joseph E. Pierson PETITION FOR WRIT OF CERTIORARI (In re: Joseph E. Pierson v.
Jefferson County Personnel Board and Jefferson County Roads
and Transportation Department)
(Jefferson Circuit Court: CV-08-1662)
On Application for Rehearing
THOMAS, Judge.



REL: 8/27/10

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2010
2090085
Ex parte Joseph E. Pierson PETITION FOR WRIT OF CERTIORARI (In re: Joseph E. Pierson v.
Jefferson County Personnel Board and Jefferson County Roads
and Transportation Department)
(Jefferson Circuit Court: CV-08-1662)
On Application for Rehearing
THOMAS, Judge.



REL: 8/27/10

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2010
2090085
Ex parte Joseph E. Pierson PETITION FOR WRIT OF CERTIORARI (In re: Joseph E. Pierson v.
Jefferson County Personnel Board and Jefferson County Roads
and Transportation Department)
(Jefferson Circuit Court: CV-08-1662)
On Application for Rehearing
THOMAS, Judge.



REL: 8/27/10

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2010
2090085
Ex parte Joseph E. Pierson PETITION FOR WRIT OF CERTIORARI (In re: Joseph E. Pierson v.
Jefferson County Personnel Board and Jefferson County Roads
and Transportation Department)
(Jefferson Circuit Court: CV-08-1662)
On Application for Rehearing
THOMAS, Judge.



2090085

The opinion of May 28, 2010, is withdrawn, and the following is substituted therefor.
Joseph E. Pierson, who was employed by the Jefferson County Roads and Transportation Department ("the Department") as a traffic-striping machine operator, was terminated from his employment with the Department on September 19, 2007. Pierson appealed the termination to the Jefferson County Personnel Board ("the Board"). After a two-day hearing, the hearing officer determined in his report and recommendation that Pierson should be reinstated and that Pierson should be offered anger-management training as a result of the behavior that led to the termination of his employment. The Board received the hearing officer's report and recommendation on April 14, 2008. The Department filed a detailed objection to the hearing officer's report and recommendation with the Board. The Board considered the Department's objection and reviewed the record developed before the hearing officer; the Board ultimately rejected the hearing officer's report and recommendation and affirmed the Department's termination of Pierson's employment. The Board's order was signed by the Board members on May 13, 2008; however, the order was not

2



2090085

The opinion of May 28, 2010, is withdrawn, and the following is substituted therefor.
Joseph E. Pierson, who was employed by the Jefferson County Roads and Transportation Department ("the Department") as a traffic-striping machine operator, was terminated from his employment with the Department on September 19, 2007. Pierson appealed the termination to the Jefferson County Personnel Board ("the Board"). After a two-day hearing, the hearing officer determined in his report and recommendation that Pierson should be reinstated and that Pierson should be offered anger-management training as a result of the behavior that led to the termination of his employment. The Board received the hearing officer's report and recommendation on April 14, 2008. The Department filed a detailed objection to the hearing officer's report and recommendation with the Board. The Board considered the Department's objection and reviewed the record developed before the hearing officer; the Board ultimately rejected the hearing officer's report and recommendation and affirmed the Department's termination of Pierson's employment. The Board's order was signed by the Board members on May 13, 2008; however, the order was not

2



2090085

stamped as received by the Board, and the certificate of service of the order was not completed, until May 15, 2008.
Pierson appealed the Board's order to a three-judge panel of the Jefferson Circuit Court. See Act No. 248,

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