Gillette v. Dushane
493 P.2d 67, 8 Or. App. 259, 1972 Ore. App. LEXIS 1079
This text of 493 P.2d 67 (Gillette v. Dushane) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Gillette v. Dushane, 493 P.2d 67, 8 Or. App. 259, 1972 Ore. App. LEXIS 1079 (Or. Ct. App. 1972).
Opinion
Petitioner appeals from an adverse ruling of the circuit court on a writ of review wherein the petitioner challenged a ruling of the Eugene Civil Service Commission which upheld a denial of permanent status to petitioner as a lieutenant in the Eugene Pire Department. We adopt the part of the trial court’s opinion, as follows:
“* # * [I]t is the opinion of the Court that the hearing afforded the employee was not required by the ordinances of the city, but was rather a matter of grace. This is because the petitioner was operating under a probationary appointment to the rank of lieutenant, and such an appointment may be terminated by the appointing body at any time without a right to appeal under Eule XVIII, section 4 of the Eules of the Civil Service Commission.
' “Inasmuch as the hearing was a matter of grace and not .that required by Eule XXII to be held in the case of demotion of permanent employees, the burden of proof provided by section 9 of Eule XXII did not apply.
“It is therefore the conclusion of the Court that the determination of the Civil Service Commission in this matter should be affirmed * *
Affirmed.
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Bluebook (online)
493 P.2d 67, 8 Or. App. 259, 1972 Ore. App. LEXIS 1079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillette-v-dushane-orctapp-1972.