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HABERER v. WOODBURY COUNTY

No. 96-112.

560 N.W.2d 571 (1997)

Howard HABERER, Appellant, v. WOODBURY COUNTY, Iowa, Civil Service Commission, Appellee.

Supreme Court of Iowa.

March 26, 1997.

Attorney(s) appearing for the Case

MacDonald Smith and Michael L. Smith of Smith, McElwain & Wengert, Sioux City, for appellant.

Christina M. Gonzalez, Assistant County Attorney, for appellee.

Considered by McGIVERIN, C.J., and LARSON, LAVORATO, NEUMAN, and ANDREASEN, JJ.

LAVORATO, Justice.

In this civil service proceeding under Iowa Code chapter 341A (1995), the Woodbury County Civil Service Commission determined that the actions of the Woodbury County sheriff did not coerce deputy Howard Haberer into resigning and therefore did not constitute a constructive discharge. Although Haberer claimed that he should have been allowed to withdraw his resignation, the commission did not address that issue.

Haberer appealed to, and filed...

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