TOMBERS v. CITY OF BROOKLYN CENTER

No. C4-99-2055.

611 N.W.2d 24 (2000)

David A. TOMBERS, Respondent, v. CITY OF BROOKLYN CENTER, Relator, Department of Veterans Affairs, Respondent.

Court of Appeals of Minnesota.

May 23, 2000.


Attorney(s) appearing for the Case

Jill Eleanor Clark, Golden Valley, and William J. Mavity, Mavity & Associates, Minneapolis, for respondent David A. Tombers.

Patricia Ytzen Beety, St. Paul, for relator.

Mike Hatch, Attorney General, and Minnesota Department of Veterans Affairs, St. Paul, for respondent Commissioner of Veterans Affairs.

Considered and decided by TOUSSAINT, Chief Judge, PETERSON, Judge, and HUSPENI, Judge.


OPINION

TOUSSAINT, Chief Judge.

The Commissioner of Veterans Affairs upheld the conclusion of an administrative law judge (ALJ) that respondent David A. Tombers, a military veteran who was employed by relator as a police officer, had been unlawfully removed from his employment when relator City of Brooklyn Center forced him on indefinite leave without a hearing mandated by the Veterans Preference Act (VPA), Minn.Stat. § 197.46. The commissioner concluded...

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