The City of Sweet Springs is in an uproar over a water crisis. President X has flown in on Air Force One to meet Governor X and find out the status of the water crisis. Governor X explains to President Y that he had appointed an Emergency Manager an unelected official with near-total control over the city's finances, because Sweet Springs was near bankruptcy. One money-saving move was to stop buying drinking water from City BIGDEE, which charged the City of Sweet Springs $21 million dollars last year to draw water from Lake Purity. Instead, Sweet Springs began using treated water from River Yuccy as a stopgap. The river water was corrosive. Sweet Springs failed to properly treat the water, and the state failed to properly test it. Lead from the city's pipes began to enter the drinking water. As a result, local pediatricians began to report high levels of lead contamination in the blood of children.

The state's Department of Environmental Quality (DEQ) supervised by Anna Calm minimize the significance of months of complaints from Sweet Springs residents that their water was discolored, smelly, and undrinkable. Moreover, the DEQ didn't think to ask if the water might also be corroding the city's lead pipes. The contamination of the water continued as state officials, insisted nothing was seriously wrong. Eventually, testing from outside scientists and the Federal Government's Environmental Protection Agency (EPA) lead to a draft 200-page report leaked to the press that uncovers extremely high levels of lead contamination in the water consumed by the Sweet Springs residents. Ms. Calm, who has been working for the state for 10 years, is cited in the Report as being negligent in her failure to ensure the proper testing and treatment of the City of Sweet Springs water.

Peaceful protests occur outside Governor X's mansion, where he and President Y are meeting, because of the issuance of the Report. Signs calling for the resignation of the Governor and the removal of Ms. Calm are everywhere. Signs critical of the President also appear, criticizing his environmental policies, saying his environmental policies have not gone far enough and complaining that more progressive environmental policies have not become law. Hundreds of Police are deployed outside the mansion including Police Officer Bobby Blabby. The protests are intense and on the verge of violence. Speeches from citizens are stirring the crowd and calling for the impeachment and removal of Governor X from office. One of those citizens, Sara Furious, whose child has been diagnosed with lead poisoning, notices her neighbor, Police Officer Blabby, in front of the mansion.Sara Furious rushes towards Officer Blabby, her next-door neighbor, crying and screaming at him. She says pointing to the mansion: "How could you guard that guythe Governor. He is killing my baby." Officer Blabby is startled by the confrontation and responds: "I'm just trying to do my job.I am so sorry...so sorry. The Governor has been receiving death threats. I hope they get him."

This confrontation between Sara Furious and Officer Blabby is captured on the video of a cell phone of another protestor. The video finds its way to the local news and social media and brought to the attention of Governor.

Fred Storm is Ms. Calm's first level supervisor. Mr. Storm reads the EPA Report and proposes the removal of Ms. Calm from her position.Ms. Calm receives a one page written proposed notice on March 2, 2022, at 9:00 am indicating that she is removed effective close of business March 4. The proposal consists of a single sentence identifying the reason for her removal: "You are removed for unacceptable performance." The notice attaches the EPA report and nothing more. She is given the right to respond prior to her removal to her second level supervisor Theodore Thunder by COB March 3, who is the deciding official. She requests an extension of time to respond. The request is denied by Mr. Thunder. Ms. Calm decides not to respond to the proposal.On the morning of March 3, Mr. Thunder is visited by Ms. Calm's subordinate Cindy Snitch. Ms. Snitch tells Mr. Thunder that ever since the EPA report was issued Ms. Calm has reported to work drunk and that Mr. Thunder should just fire Ms. Calm and "put her out of her misery." Mr. Thunder thanks Ms. Snitch for coming forward and comments that "this makes my decision easier." Mr. Thunder issues a final decision removing Ms. Calm effective close of business of March 4. The one-page decision states: "After considering the record as a whole and noting that you did not respond to the proposed notice at all, I hereby sustain your removal for Unacceptable Performance." The decision offers her an appeal to the State's Civil Service Commission. As of March 4, she is unpaid, unemployed, and desperate.

At the State Civil Service Commission, she is given full rights to defend herself, including a hearing before an Administrative Judge, direct examination, cross examination, discovery, and the right to a post hearing brief.

Ms. Calm raises a violation of due process claim to the Administrative Judge of the Civil Service Commission. What is the constitutional procedural due process analysis of whether Ms. Calm was properly removed from her job. Example with cases that can support it.