Leadership

When May Firemen be Discharged or Reinstated Under Civil Service?

Issue 6 and Volume 83.

When May Firemen be Discharged or Reinstated Under Civil Service? Some Important Decisions of Higher Courts on This Subject —Other Legal Matters of Interest to Fire Departments Attorney-at-Law FREQUENTLY the power of removal or suspension of municipal officers and employes is given to the council or governing legislative body. Also, in the absence of law vesting such power elsewhere, it rests with this agency. And under a usual charter providing that “all the corporate powers of the corporation shall be exercised by the council,” the power of removal of officers and employes for misconduct, which under the common law is vested in the corporation, is by such provision conferred upon the council. For illustration, in State vs. Superior Court, 279 Pac. 601, it was disclosed that a city council passed a resolution requiring a city employe to show cause why he should not be removed from office. Believing that the…

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