Judge Upholds Award of Attorney Fees

On February 1, 2010 Administrative Law Judge Lydia Lee of the Oklahoma Merit Protection Commission entered an addendum decision awarding attorney fees in the matter of Corey Day v. Department of Corrections.

Lieutenant Day, an OPEA member, won his appeal of a five day suspension without pay and thereafter filed a motion for the award of attorney fees. Lieutenant Day was represented by Kevin Donelson from the OPEA’s law firm of Fellers Snider.

In making the award Judge Lee found that the Department of Corrections knew or should have known that it would not prevail on the merits of the suspension without pay. She stated that the supporting factors were the Department of Corrections’ failure to use and consider progressive discipline, lack of evidence concerning consistent imposition of discipline, interference with the investigatory process and failure to consider mitigating circumstances.

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