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WIED v. MARION COUNTY

542 P.2d 149 (1975)

In the matter of the Appeal from Marion County Civil Service Commission Purported Order Dated January 18, 1974. David J. WIED, Appellant, v. MARION COUNTY and James F. Heenan, Marion County Sheriff, Respondents.

Court of Appeals of Oregon.

Decided November 10, 1975.

Attorney(s) appearing for the Case

A.B. Cummins, Jr., Salem, argued the cause for appellant. With him on the brief were Rhoten, Rhoten & Speerstra and Geo. A. Rhoten, Salem, and David J. Wied, in propria persona.

Gary D. Gortmaker, Dist. Atty., Salem, argued the cause and filed the brief for respondent James F. Heenan.

No appearance by respondent Marion County.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

FORT, Judge.

Appellant Wied, a regular deputy sheriff in respondent county, appeals from an order of the circuit court holding (1) that the Marion County Civil Service Commission lacked jurisdiction to enter an order, after hearing, that a purported resignation of Wied was not a voluntary one, and (2) that even if it had such jurisdiction the record of the hearing does not contain substantial evidence to support the finding of involuntariness.

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