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Davidson v. Office of Employee Appeals

DISTRICT OF COLUMBIA COURT OF APPEALS


October 27, 2005

FRANCIS M. DAVIDSON, APPELLANT,
v.
OFFICE OF EMPLOYEE APPEALS, APPELLEE, DISTRICT OF COLUMBIA FIRE & EMERGENCY MEDICAL SERVICES DEPARTMENT, INTERVENOR.

Appeal from the Superior Court of the District of Columbia. (MPA3-03). (Hon. Frederick H. Weisberg, Trial Judge).

Per curiam.

Argued October 13, 2005

Before SCHWELB, REID and GLICKMAN, Associate Judges.

On November 20, 2002, the Office of Employee Appeals (OEA) affirmed an earlier decision of a Trial Board discharging Francis M. Davidson from the District of Columbia Fire and Emergency Services Department for insubordination. Davidson appealed to the Superior Court, and on June 10, 2004, in a concise and well-reasoned written order, the trial judge (Weisberg, J.) affirmed the decision of the OEA. A copy of the trial judge's order is attached hereto and made a part hereof. Davidson filed a timely appeal to this court.

"At the outset, we note that this court must conduct 'the identical review [of the OEA's decision] that we would undertake if this appeal had been heard initially in this court.'" Davis v. Univ. of the District of Columbia, 603 A.2d 849, 851 (D.C. 1992) (citations omitted). We agree with the trial judge's disposition of each of the issues raised. Accordingly, for the reasons stated in the trial judge's order, the judgment appealed from is Affirmed.*fn1


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