Vacate

20A-146-POST · Peace Officers Standards and Training · 2022-02-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Hearing Regarding the Peace Officer Certification of:

Steven E. Gilbert,

Respondent

No. 20A-146-POST

ORDER VACATING

HEARING

On February 9, 2022, at 9:00 a.m., Assistant Attorney General Mark Brachtl appeared on behalf of the Arizona Peace Officer Standards and Training Board (“Board”), and Kathryn Baillie, Esq. appeared on behalf of Steven E. Gilbert (“Respondent”). The parties had previously respectively filed a Notice of Settlement and Respondent’s Notice Withdrawing the Appeal and those filings and the status of the matter were discussed.

The parties agreed to vacate the hearing and remand the matter to the Board for final action, as Respondent signed a Consent Agreement whereby he has relinquished his certification. The Consent Agreement will be considered by the Board at its February 16, 2022 meeting. Mr. Brachtl indicated that it is most probable that the Board will accept the Consent Agreement.

The parties further agreed and clarified that Respondent actually seeks to withdraw his request for hearing, and that the terminology used in Respondent’s Notice Withdrawing the Appeal should have indicated Respondent’s withdrawal of his request for hearing, rather than a withdrawal of an appeal.

Based on the above,

IT IS HEREBY ORDERED that the hearing in this matter is vacated from the calendar of the Office of Administrative Hearings.

IT IS FURTHER ORDERED remanding this matter to the Board for further action.

Done this day, February 9, 2022.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile February 9, 2022 to:

Matt Giordano, Director

Peace Officers Standards and Training

2643 East University

Phoenix, AZ 85034

Mark Brachtl

Assistant Attorney General

2005 N. Central Ave. – SGD/LES

Phoenix, AZ 85004-1592

[email redacted]

Steven E. Gilbert

c/o Kathryn Baillie, Esq.

Napier, Baillie, Wilson, Bacon & Tallone, P.C.

2525 E. Arizona Biltmore Circle, Suite 135

Phoenix, AZ 85016

[email redacted]

By c. serrano