WIED v. MARION COUNTY


552 P.2d 1294 (1976)

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

Supreme Court of Oregon.

Decided August 5, 1976.


Attorney(s) appearing for the Case

Richard C. Morley, argued the cause for petitioner James F. Heenan. On the briefs was Gary D. Gortmaker, Dist. Atty., Salem.

No appearance for petitioner Marion County.

A.B. Cummins, Jr., Salem, argued the cause for respondent. With him on the brief were Rhoten, Rhoten & Speerstra and George A. Rhoten, Salem, and David J. Wied, in pro. per.

Before McALLISTER, P.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.


HOLMAN, Justice.

This case presents the question of the authority of the Marion County Civil Service Commission to set aside the resignation of an employee of the Sheriff, on the ground that the resignation was involuntary and coerced, as well as the question of judicial review of such action when taken by the Commission.

On August 15, 1973, Wied, an employee of the Sheriff, was requested to submit his resignation. He did so by letter dated August 17, 1973...

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