Eldon Hattervig v. Gaston De La Torre

Eldon Hattervig appeals an order of the Circuit Court of Cole County affirming the decision of the Missouri Personnel Advisory Board (hereinafter ""Board"") approving Gaston de la Torre's action in dismissing Hattervig as Director of the Weatherization Program administered by the Division of Energy of the Missouri Department of Natural Resources (hereinafter ""Department""). We affirm. On February 15, 1991, Gaston de la Torre, the Department's Personnel Officer and appointing authority, received a formal complaint against Hattervig from Rhonda Binkley, one of Hattervig's female subordinates. After conducting an investigation, on March 6, 1991, de la Torre sent Hattervig a letter dismissing him from his job as a Program Director with the Department effective March 15, 1991. Hattervig appealed his dismissal to the Board. A hearing was conducted by Hearings Officer Gene Spitzmiller on July 15 and August 27, 1991. On October 22, 1991, the Board issued a decision and order sustaining Hattervig's discharge. He then appealed to the circuit court, which on March 23, 1993, upheld the Board's decision. This appeal followed.