DocketNumber: No. 9217
Citation Numbers: 94 Nev. 660, 587 P.2d 1311, 1978 Nev. LEXIS 644
Filed Date: 9/29/1978
Status: Precedential
Modified Date: 10/19/2024
OPINION
This appeal is from an order of the district court affirming the decision of the Nevada State Personnel Advisory Commission to terminate the employment of Dr. Herbert M. Schall, a psychologist for Reno Mental Health Center.
1. The hearings officer found that Dr. Schall had discussed his personal matters with patients, sometimes causing them to be upset. This, the officer characterized as disgraceful personal
2. The central question tendered to us is whether the district court was empowered to sustain Dr. Schall’s dismissal for a reason never asserted against him. We believe it clear that the court lacked such authority. The expression of this court in Nevada Tax Com. v. Hicks, 73 Nev. 115, 135, 310 P.2d 852 (1957) is on point. We there stated: “Since what the commission has treated as the major offenses are without substantial evidentiary support, we feel that our proper course is to reverse the commission, accepting the apparent basis to be the true basis of its action.”
3. We order the reinstatement of Dr. Schall with all accrued back pay and rights, less the amount he has earned in gainful employment since dismissal. He also is entitled to interest on monies due him, his costs below and on appeal. Stevens v. Hocker, 91 Nev. 392, 536 P.2d 88 (1975); Hardison v. Carmany, 88 Nev. 670, 504 P.2d 1 (1972).
Reversed.
Reno Mental Health Center is an agency of the State of Nevada, Department of Human Resources, Division of Mental Hygiene and Mental Retardation.