03/24/95 Archie W. Thurston V. Box Elder County

This case was previously before the Court in Thurston v. Box Elder County, 835 P.2d 165 (Utah 1992) ("Thurston I "). There, we reversed a summary judgment in favor of defendant Box Elder County and remanded to the trial court to determine whether the County violated § 17-33-5(3)(n) (currently codified at § 17-33-5(3)(b)(xv)) of the County Personnel Management Act, Utah Code Ann. §§ 17-33-1 to -15 (1987) (the "Act"), when making its decision to terminate plaintiff Archie W. Thurston's employment. On remand, the trial court ruled that the Act governed the dispute and that the County had improperly considered factors beyond those enumerated in the Act in terminating Thurston. On that basis, the court held that the County had violated Thurston's due process rights and breached its employment contract with Thurston. In addition, the trial court ruled that reinstatement was not a proper remedy but that damages should be awarded, calculated from the date of Thurston's termination until the date he began other full-time employment.