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STATE EX REL. IRANY v. MILW. COUNTY C. S. COMM.

18 Wis.2d 132 (1962)

STATE EX REL. IRANY, Appellant, v. MILWAUKEE COUNTY CIVIL SERVICE COMMISSION, Respondent.

Supreme Court of Wisconsin.

November 27, 1962.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Dominic H. Frinzi and Nicholas C. Catania, both of Milwaukee.

For the respondent there was a brief by Robert P. Russell, corporation counsel, and James J. O'Donnell, first assistant corporation counsel, and oral argument by Mr. O'Donnell.

GORDON, J.

The rule adopted by the commission is in direct conflict with the statute enacted by the legislature and, accordingly, the former must fail. The legislative pronouncement requires a hearing before the Civil Service Commission when charges are made against a person in the classified service whereby such person is suspended, demoted, or dismissed. A regulation or rule adopted by the commission which precludes such hearing as a matter of right is defective...

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