Spencer v. Civil Service Commission, et al. (Lawyers Weekly No. 10-046-18)
Commissioner who resigned under pressure cannot revert to prior tenured civil service position absent involuntary termination.
Commissioner who resigned under pressure cannot revert to prior tenured civil service position absent involuntary termination.
Public records petition dismissed as moot after Trial Court voluntarily produced all requested documents regarding security department demographics and hiring practices.
Attorney General's Civil Investigative Demand to firearms manufacturer regarding gun safety and product defects upheld despite manufacturer's claim it does not sell directly to consumers.
Positive hair test results alone insufficient to establish just cause for police officer termination; Civil Service Commission properly weighed additional evidence; civil service law controls over conflicting collective bargaining agreement language.
Mandamus petition denied where litigant failed to pursue alternative remedies before seeking extraordinary relief. Clerk acted improperly by rejecting motions without docketing them.
Tenured employee cannot be fired for refusing to testify at pretermination hearing; statute designed to protect employee, not enlarge employer's removal powers.
Disabled veteran's layoff upheld by Civil Service Commission despite preference statute. Court reverses, finding inconsistent reasoning and insufficient evidence that veteran lacked qualifications.
Provisional employee with prior permanent civil service status retains right to appeal termination; off-duty tax fraud does not constitute misconduct in office under suspension statute.