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Keith v. Civil Service Board of City of Phoenix

Supreme Court of Arizona

March 10, 1941

JOE KEITH, Appellant,
v.
CIVIL SERVICE BOARD OF THE CITY OF PHOENIX, Appellee

APPEAL from a judgment of the Superior Court of the County of Maricopa. Arthur T. LaPrade, Judge. Judgment affirmed.

Mr. V. L. Hash, for Appellant.

Mr. Hess Seaman, City Attorney, and Mr. William C. Fields, Assistant City Attorney, for Appellee.

OPINION

[57 Ariz. 86] McALISTER, J.

This is an appeal by Joe Keith from a judgment of the superior court affirming an order of the civil service board of the City of Phoenix which sustained the action of the chief of police of that city in dismissing him from the position of patrolman in the city's police department.

According to the record the chief of police of the City of Phoenix dismissed him from the service on November 16, 1938, and on November 19, 1938, caused to be served upon him and also filed with the

Page 58

civil service board of the city the following order:

"For the reasons stated below, you are hereby dismissed from the position of Patrolman in the Department [57 Ariz. 87] of Police, effective upon service. Reasons for dismissal:

"Incompetent and inefficient in the performance of duty; conduct unbecoming an officer and guilty of annoying his superiors through non-payment of just debts.

"Dave W. Fountain

"Head of Department

"Chief of Police"

The petitioner answered a few days later denying the charges and at the same time requested a hearing before the civil service board of the City of Phoenix. On November 29, 1938, he asked for a specification of the various acts of commission and omission relied upon to constitute the charges, and on ...


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