Transcription of BEFORE THE MONTANA DEPARTMENT OF LABOR …
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BEFORE THE MONTANA DEPARTMENT OF LABOR …
BEFORE THE MONTANA DEPARTMENTOF LABOR AND INDUSTRYOFFICE OF ADMINISTRATIVE HEARINGSIN RE OFFICE OF ADMINISTRATIVE HEARINGS CASE NO. 723-2017:DON SMIES, ) )Charging Party,)) HEARING OFFICER DECISIONvs.) AND NOTICE OF ISSUANCE OF) ADMINISTRATIVE DECISIONTOWN OF FAIRVIEW,))Respondent.)* * * * * * * * * * AND PRELIMINARY MATTERSDon Smies brought this complaint alleging Town of Fairview (Fairview)discriminated against him on the basis of disability and retaliated against him forprotected activity. Hearing Officer Caroline A. Holien convened a contested case hearing in thismatter on September 12, and September 13, 2017, in Sidney, MONTANA . AttorneyEric E. Holm represented Smies. Attorney Jared S. Dahle represented Fairview. Fairview Police Chief Cal Seadeek appeared on its behalf. At hearing, Smies, Missy Smies, Chief Seadeek, and Mayor Brian Cummins,testified under oath.
Additionally, counsel graciously agreed to address the following issues in their post-hearing briefing: 1. The admissibility of the deposition testimony of Dr. Karanjai, and, if
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