[DOWNLOAD] "Richard K. Child v. Salt Lake City Civil" by Supreme Court Of Utah ~ Book PDF Kindle ePub Free

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eBook details

• Title: Richard K. Child v. Salt Lake City Civil
• Author : Supreme Court Of Utah
• Release Date : January 31, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

HALL, Justice: Plaintiff petitioned the district court for an extraordinary writ to review the decision of the Salt Lake City
Civil Service Commission which upheld his discharge by the Chief of Police of Salt Lake City. Each of the parties moved for
summary judgment on the record presented, and from a judgment sustaining the decision of the Commission plaintiff appeals. Discharge of persons employed in the classified civil service is governed by statute. 1 The department head, (the Chief
of Police here 2) may remove such a person "for misconduct, incompetency or failure to perform his duties or failure to
observe properly the rules of the department, but subject to appeal by the aggrieved party to the Civil Service Commission."
In the instant case, an appeal was brought before the Commission and a hearing was conducted. At the Commission hearing, evidence
of plaintiff's misbehavior was introduced as to four unrelated matters. The Commission relied upon only two of the incidents
in upholding plaintiff's discharge. The first incident involved plaintiff's failure to properly inventory and account for
valuable personal property belonging to an arrested person. The second incident involved plaintiff's participation in, or
his failure to quell, a public disturbance which resulted in a breach of the peace and the death of one of the participants.
In this second incident, the Commission also found that plaintiff had discharged his firearm in a manner so as to endanger
other citizens against whom the use of deadly force was not justified or reasonably warranted.

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