A police officer challenging his termination for misconduct allegedly involving a public act of masturbation claimed that his due process rights were violated when the city council, before voting to reject an arbitrator's advisory award reinstating him, received advice from a lawyer who was a partner in the same firm that had represented the city at the arbitration hearing. An intermediate California appeals court held that this did indeed violate the employee's due process rights, and compromised the fairness of the proceeding. A new proceeding was ordered, prior to which the council was to obtain independent legal advice. Sabey v. City of Pomona, #B239916, 215 Cal. App. 4th 489, 2013 Cal. App. Lexis 291.
     Second Circuit rejects racial bias and retaliation claims raised by a terminated sheriff's employee. Her claims were dismissed in a parallel action in state court, and the doctrine of res judicata bar her federal action. Sheffield v. Sheriff of Rockland Co., #08-0840-cv, 2010 U.S. App. Lexis 19683 (Unpub. 2nd Cir.).
     As a creature of statute, a Civil Service Commission possesses only those powers conferred upon it by law. “Any authority it exercises must find its source within the law pursuant to which it was created, and any action or decision taken by it in excess of or contrary to its authority is void.” Genius v. County of Cook, 1-08-3277, 2010 Ill. App. Lexis 110 (1st Dist.).
     The withdrawal of a federal civil service appeal is final, and absent extraordinary facts, it cannot be reinstated once it has been withdrawn. However, the withdrawal must be clearly stated and unequivocal. Rosso v. Dept. of Homeland Security, #CH-0752-09-0698-I-1, 2010 MSPB 31, 2010 MSPB Lexis 931 (MSPB 2010).
     Where civil service rules vest a civil service commission with jurisdiction over an employee's appeal of his or her discharge, the employee's retirement during the pendency of the appeal divests the commission of jurisdiction to rule on the justness of the termination. County of Los Angeles v. Civil Serv. Cmsn., #B211625, 180 Cal.App.4th 391, 102 Cal.Rptr.3d 684, 2009 Cal. App. Lexis 2033 (2nd Dist.).
     Appellate panel in California finds a “Last Chance Agreement” signed by a college professor was null and void under Education Code §7485, because “any contract or agreement, express or implied, made by any employee to waive the benefits” of the statutory disciplinary code is unenforceable. Additionally, an employee “need not exhaust administrative remedies provided by statute if the agency has already rejected the claim, announced its position on the claim or made clear it would not consider the plaintiff’s evidence.” Farahani v. San Diego Community College Dist., #D054087, 2009 Cal. App. Lexis 1225, 2009 WL 2232205 (4th Dist.).
     An employee and management entered into a settlement agreement, which provided that the employee would not to file any additional administrative or judicial actions regarding the subject matter of the settlement. The employee then filed an EEO complaint based on the subject matter of his previous appeal. Breaching the agreement by reinitiating administrative or judicial procedures went to the essence of the contract by completely destroying the most valuable aspect of the agreement for the agency. Caston v. Dept. of Interior, #2008-3226, 2008 U.S. App. Lexis 22616 (Unpub. Fed. Cir.).
     Where statutes and civil service rules are silent on the point, a probationary employee is not entitled to challenge his discharge via binding arbitration, where the bargaining agreement makes it clear that arbitration rights do not inure to probationary employees. County of Cattaraugus v. Nuss, #74422, 2008 N.Y. Misc. Lexis 6890 (Cattaraugus Co. Sup. Ct. Misc.).
     Ohio appellate court declines to issue a writ ordering a city to reinstate a police officer who was fired for violating a residency ordinance, which may be invalid. "...it is well-established that an administrative appeal is an adequate remedy for appealing the termination of a police officer. Ohio ex rel. Cleveland Police Pat. Assn. v. City of Cleveland, #90554, 2008-Ohio-325, 2008 Ohio App. Lexis 273, 183 LRRM (BNA) 2829 (8th App. Dist).
     Rather than filing an appeal to contest his employment termination with the civil service commission, an Ohio fire chief filed a court action. The Supreme Court held that under Ohio law, the chief was not required to exhaust the internal administrative remedies before filing suit. Dworning v. City of Euclid, #2007-0307, 2008-Ohio-3318, 2008 Ohio Lexis 1768.
     Even if management incorrectly believed that ex-felons could not work at the agency, the failure to reemploy an ex-felon is not an appealable action under federal regulations. Fortenberry v. Merit Systems Prot. Bd., #2008-3110, 2008 U.S. App. Lexis 14767 (Unpub. Fed. Cir.).
     California appellate court holds that a tie vote by civil service commissioners results in an affirmance of a termination by the department head. Lopez v. Imperial Co. Sheriff's Office, #D051410, 2008 Cal. App. Lexis 1135 (4th Dist.).
     Rejecting a "class of one" in an equal protection lawsuit, the Supreme Court holds that while government employees do not lose their constitutional rights when they go to work, those rights must be balanced against the realities of the employment context. Government offices could not function if every employment decision became a constitutional matter. If class-of-one claims were recognized in the employment context, any personnel action in which a wronged employee can conjure up a claim of differential treatment would suddenly become the basis for a federal constitutional claim. Engquist v. Oregon Dept. of Agriculture, #07-474, 2008 U.S. Lexis 4705.
     Iowa deputy sheriffs must appeal terminations to the civil service commission. A bargaining agreement clause providing for arbitration contravenes Iowa Code 314A12 Kucera v. Baldazo, #05-2138, 745 N.W.2d 481, 2008 Iowa Sup. Lexis 34.
     Management's letter to a federal employee was not an adverse employment action. It only warned that disciplinary action might be taken if she failed to comply with the directive of the letter. Atanus v. Perry, #07-1430, 2008 U.S. App. Lexis 5625 (7th Cir.).
     Ninth Circuit rejects the wrongful discharge claims of a former university police officer that unsuccessfully litigated his termination by pursuing a grievance. The panel rejected the assertion that the claims in the present action differed from those raised in the grievance proceedings. Einheber v. Regents of the Univ. of Cal., #06-16462, 2008 U.S. App. Lexis 2994 (Unpub. current appeal, 9th Cir.); #03-15526 (1995 9th Cir. disposition); #SF-CE-322-H, PERB Decision #949-H (Parallel 1992 PERB ruling).
     Appellate court reverses a disciplinary penalty, imposed by a county civil service commission, because it was not authorized in the bargaining agreement. Valencia v. Co. of Sonoma, #A116848, 2007 Cal. App. Lexis 2126 (1st Dist.).
     Federal appeals panel rejects a challenge to a senior police officer's termination because he had a viable remedy in state court [under N.Y.C.P.L.R. art. 78]. Sindone v. Kelly, #06-3230-cv, 2007 U.S. App. Lexis 26463 (Unpub. 2nd Cir.) affirming 439 F.Supp.2d 268 (S.D.N.Y.).
     An employee "is responsible for the errors of his chosen representative except where he has proven that his diligent efforts to prosecute an appeal were thwarted, without his knowledge, by his attorney's deceptions and negligence." Helmstetter v. Dept. of Homeland Security, #PH-0752-04-0067-I-2, 2007 MSPB 147, 2007 MSPB Lexis 4380.
     New York trial court finds that a terminated police officer was entitled to an arbitration hearing, under the bargaining agreement. A town law in New York cannot abolish hearing rights established in a bargaining agreement. Elias v. Town of Crawford, #4933-2007, 2007 N.Y. Misc. Lexis 5086, 2007 NY Slip Op 27302 (Orange Co. Sup. Ct.).
     Ninth Circuit rejects a challenge to the termination of a highway patrol employee that faked two subpoenas. The fact that she lost her state court appeal precludes her from raising those issues in a parallel action under the civil rights acts. Holcombe v. Hosmer, #05-15151, 2007 U.S. App. Lexis 3923 (9th Cir. 2007).
     Administrative Law Judge should not have dismissed an appeal that was 1-day late. The appellant attempted to appeal his demotion electronically but repeatedly received "timed out" messages and his several attempts to log on again were unsuccessful. Other users reported having problems using e-appeal software during this time period. The U.S. Merit Systems Protection Board found that the appellant had demonstrated good cause for the untimely filing of his appeal. Boykin v. U.S. Postal Service, #SF-0752-06-0593-I-1, 2007 MSPB 5 (MSPB 2007). [N/R]
     Terminated police officer did not have standing to challenge whether a disciplinary procedure ordinance had been properly adopted, because he was not a resident of the town. Gizzo v. Town of Mamaroneck, #2004-11097, 2006 NY Slip Op 08130, 2006 N.Y. App. Div. Lexis 13350 (2d Dept. 2006). {N/R}
     Ninth Circuit rules against a public employee's denial of due process lawsuit because a collective bargaining agreement provided multi-level grievance procedures, which the plaintiff failed to use. Micone v. Carey, #04-16811, 2006 U.S. App. Lexis 24663 (Unpub. 9th Cir. 2006). {N/R}
     Arizona appellate court holds that a merit or civil service commission has jurisdiction to hear the claim of a former employee who alleges that his or her resignation was coerced and was a constructive discharge. LaWall v. Pima County Merit Sys. Cmsn., #2 CA-CV 2005-0140, 2006 Ariz. App. Lexis 34. {N/R}
    California appellate court holds that a civil service commission loses jurisdiction of a disciplinary suspension if the employee resigns his employment before the appeal process is concluded. Zuniga v. Los Ang. Co. Civil Cmsn, #B179975, 2006 Cal. App. Lexis 410 (2d App. Dist. 2006). {N/R}
     No "double-barreling": appellate court rejects an arbitration demand challenging the termination of a police officer that unsuccessfully appealed to the courts. City of Rockford v. Unit Six P.B.A., #2-05-0467, 2005 Ill. App. Lexis 1291 (2005), citing Peoria Firefighters L-544 v. Korn, 229 Ill.App.3d 1002 (1992). {N/R}
     Appellate court reinstates an 8-hour suspension imposed on a state patrol sergeant who shot the gun out of the hand of a man who was about to kill himself. The appellate court panel overturned a trial court judge that substituted his judgment for that of the state patrol superintendent. Although the sergeant successfully averted a suicide, his unconventional method was dangerous and reckless. State of Missouri ex rel. Crowe v. Missouri St. Highway Patrol, #WD64374, 168 S.W.3d 122, 2005 Mo. App. Lexis 1118. [2005 FP Dec]
     California appellate affirms a civil service commission to reduce a termination to a 90-day suspension for a sergeant who turned in a factually inaccurate internal investigation report. The sergeant had received no formal training, was inexperienced in I-A report writing, and did not intend to deceive his superiors. Kolender v. San Diego County Civil Service Commission (Salenko), #D045266, 132 Cal.App.4th 1150, 2005 Cal. App. Lexis 1492, 2005 WL 2002283 (4th Dist. 2005). [2005 FP Dec]
     California appellate court holds, whether a disciplinary action is reviewed by an arbitrator or an administrative judge or a hearing officer, a public employer cannot require employees to share any of the cost that would not be incurred if the appeal was litigated in court. Florio v. City of Ontario, #E036598, 2005 Cal. App. Lexis 1091 (4th Dist. 2005). {N/R}
     Appeals court affirms the dismissal of a §1983 action, alleging retaliatory discharge, because the plaintiff was employed by a private correctional corporation and its employment decisions are not acts under color of state law. Cornish v. Corr. Serv. Corp., #04-10550, 402 F.3d 545, 2005 U.S. App. Lexis 3814 (5th Cir. 2005). {N/R}
     Park ranger could not raise post-traumatic stress disorder as a defense to misconduct at the appellate level, when he failed to raise it in the trial court. Cummings v. Norton, #03-4280, 393 F.3d 1186, 2005 U.S. App. Lexis 62, 16 AD Cases (BNA) 550 (10th Cir. 2005). {N/R}
     "As a court of appeal, we are bound to the record before us and cannot set aside a trial court's finding of fact absent manifest error. ... It appears that reasonable minds could differ on what the videotape showed. While the punishment may be harsh, Officer Brown had to prove to the Board that it was meted out to him in bad faith, presumably because other officers routinely do these and other similar violations and were not discharged. This was not the case ..." Brown v. City of Bossier City, #38,915-CA, 887 So.2d 731, 2004 La. App. Lexis 2779 (2nd App. Dist. 2004). {N/R}
    Federal appeals panel holds that an employee is responsible for the failures, errors and omissions of his or her attorney and declines to excuse an untimely filing of a responsive pleading contesting a termination. Brewer v. Dept. of the Navy, #04-3176, 2004 U.S. App. Lexis 21042 (Fed. Cir. 2004) affirming 2004 MSPB Lexis 214 (MSPB 2004). {N/R}
     Arbitrator finds it is desirable to issue an advisory opinion in a disciplinary grievance appeal, even though case is not arbitrable because of time violations. City of Okmulgee and FOP L-96, 119 LA (BNA) 1227 (Robinson, 2004). {N/R}
     Because the county negligently led an employee to conclude that she had no administrative recourse, the county is estopped (prevented) from asserting that she failed to exhaust her administrative remedies in bringing her wrongful termination action. Shuer v. Co. of San Diego, #D041925, 117 Cal.App.4th 476, 2004 Cal. App. Lexis 439 (4th Dist. 2004). {N/R}
     In an appeal involving the termination of a deputy sheriff for forcing an inmate to engage in a sex act, the Texas Supreme Court holds that the filing of the civil service commission record with the appellate court is essential. Sanchez v. Bexar County Sheriff's Dept., #03-0336, 2004 Tex. Lexis 367, 47 Tex. Sup. J. 472 (Tex. 2004); prior opin. at 2003 Tex. App. Lexis 813 (2003). {N/R}
     A county personnel board did not have to provide written reasons to justify reinstatement of the terminated appellant. Sheriff of Plymouth Co. v. Plymouth Co. Personnel Board, #SJC-09038, 440 Mass. 708, 802 N.E.2d 71, 2004 Mass. Lexis 15 (2004). [2004 FP Jul]
     Statutory preemption: The Civil Service Reform Act precludes a claim challenging a FBI letter of censure, on the ground that the Bureau violated its own regulations. Graham v. Ashcroft, #03-5025, 358 F.3d 931, 2004 U.S. App. Lexis 3390 (D.C. Cir. 2004). {N/R}
     Appellate court holds that a terminated police officer had to elect whether to pursue his appeal to arbitration or the Civil Service Commission, and could not "double-barrel." Canavan v. Civil Service Cmsn., #02-P-679, 802 N.E.2d 126, 2004 Mass. App. Lexis 70 (2004). {N/R}
     MSPB adopts at online appeals process for federal employees. "Interim Regulatory Changes for Implementation of e-Appeal and e-Filing," 68 (202) Federal Register 59859-65 (20 Oct. 2003). [2004 FP Jan]
     Court rejects a demand that a remanded Arbitration Award be sent to a second arbitrator. Unless the city can show bias, it is more efficient to remand the dispute to the original arbitrator. City of Wilmington v. AFSCME L-1102, #19561-NC, 2003 Del. Ch. Lexis 74 (Del. Ch. 2003). [2004 FP Jan]
     Court sets aside an arbitrator's reinstatement ruling, because he did not consider prior disciplinary action, which was recent and uncontested, warning the grievant that further misconduct would result in his termination. City of Wilmington v. AFSCME L-1102, #19561-NC, 2003 Del. Ch. Lexis 26, 2003 WL 1530503, 173 LRRM (BNA) 2278 (Del. Ch. 2003). [2004 FP Jan]
     Illinois appellate court rejects a management claim that terminated public employees cannot seek arbitration before pursuing a civil service appeal. Contract language prevails. City of Loves Park v. Illinois Labor Relations Bd., #2-03-0020, 2003 Ill. App. Lexis 1261 (2nd Dist. 2003). {N/R}
     A California State Personnel Board decision ordering the reinstatement of a corrections officer was final, and the officer could sue the agency to enforce the order. Lomeli v. Dept. of Correction, #C041520, 134 Cal.Rptr.2d 179, 2003 Cal. App. Lexis 717 (3rd Dist. 2003). {N/R}
    Illinois appellate court rejects a claim that a trial court improperly joined four disciplinary appeals that arose out of the same incident. Daniels v. Police Bd., #1-01-2419, 2003 Ill. App. Lexis 535 (1st Dist. 2003). [2003 FP Jul]
    Illinois appellate court rejects a damage suit against a urine-testing lab that destroyed the plaintiff's specimens, which they had reported as positive for cocaine use. The plaintiff, a terminated police officer, fully litigated that issue in his disciplinary hearing, and the doctrines of res judicata and collateral estoppel apply. Bagnola v. SmithKline Beecham Labs., No. 1-00-0224, 333 Ill.App.3d 711, 776 N.E.2d 730, 2002 Ill. App. Lexis 750 (2002). {N/R}
     Although federal employees must elect which remedy to pursue, the MSPB has held that a Border Patrol Agent who chose to challenge her termination via grievance and arbitration was not precluded from taking an administrative appeal after the union refused to process her grievance. Rodriguez v. Dept. of Justice, #DA-0752-01-0211-I-2, 2002 MSPB Lexis 1196 (MSPB 2002). {N/R}
      Wisconsin Supreme Court interprets statutes providing judicial review and collective bargaining to allow a terminated public employee to appeal to the courts, or force binding arbitration -- but not both. Eau Claire Co. v. Teamsters L-662, #98-3197, 2000 WI 57, 235 Wis.2d 385, 611 N.W.2d 744. {N/R}
     Federal appeals court rejects a federal suit, filed by an ex-officer, challenging her termination on retaliatory grounds. Because her dismissal had been affirmed by a state court, it could not be relitigated. Durgins v. City of East St. Louis, #00-3271, 2001 U.S. App. Lexis 24566 (7th Cir.). [2002 FP Jan]
     Police captain, who's termination for sexual harassment was affirmed by a police board and appellate court, could not challenge his dismissal in federal court by disguising the appeal as a civil rights claim. Manley v. Chicago, #99-3785, 236 F.3d 392 (7th Cir. 2001). {N/R}
     Indiana Supreme Court disallows a disciplined employee to challenge the legality of the disciplinary process through a collateral lawsuit. The process can be challenged, but not as part of the underlying disciplinary event. Turner v. Evansville, #82S05-0008-CV-479, 740 N.E.2d 860, 2001 Ind. Lexis 11 (2001). [2001 FP 35]
     Delaware Supreme Court disallows a parallel lawsuit claiming a fraudulent termination, where at most, there were procedural defects in the hearing process. Bailey v. City of Wilmington, #21-2000, 766 A.2d 477, 2001 Del. Lexis 4; prior federal decision at 1997 U.S. Dist. Lexis 18941 (D.Del. 1997), aff'd 173 F.3d 420 (3d Cir. 1998). [2001 FP 35-6]
     Under Title VII, a police officer who received two corrective job performance memos placed in his personnel file and was twice temporarily removed as the designated officer-in-charge did not suffer an adverse employment action. Davis v. Lake Park, #00-10305, 245 F.3d 1232, 85 FEP Cases (BNA) 788, 2001 U.S. App. Lexis 4564 (11th Cir.). {N/R}
     Divided federal appeals court dismisses a due process post- termination suit brought by a fire chief who was unaware that he had failed to exhaust his administrative appeal remedies. Krentz v. Robertson Fire Prot. Dist., #99-4235, 228 F.3d 897, 2000 U.S. App. Lexis 24940 (8th Cir.). [2000 FP 163-4]
     Federal court in N.Y. declines to dismiss a First Amendment challenge to the terminations of a police officer and two firefighters who rode on a parade float in blackface. A federal court is not necessarily bound by the decisions of a disciplinary hearing authority that rejected the constitutional challenge. Locurto v. Giuliani, #98 Civ. 6495, 95 F.Supp.2d 161, 2000 U.S. Dist. Lexis 5576 (S.D.N.Y.). [2000 FP 101-2]
     Former sergeant could not sue for wrongful separation without exhausting his statutory appeals or grievance procedures. Jury verdict set aside. Bickford v. City of Seattle, # 42912-4-I, 983 P.2d 1124, 1999 Wash. App. Lexis 1626, 162 LRRM (BNA) 2339. [2000 FP 22]
     The failure of a sheriff's employee to promptly prosecute a contested disciplinary action warranted the dismissal of his judicial appeal. McPherson v. Bexar Co. Sheriff Civ. Serv. Cmsn., #04-99-00482-CV, 2000 WL 254039 (Tex.App. 2000). {N/R}
     New York's highest court rejects a federal civil rights claim that attempted to relitigate an unsuccessful attempt to overturn a termination. Claim is barred by collateral estoppel. Parker v. Blauvelt, #73, 1999 N.Y. Lexis 775, 92 N.Y.2d 343, 712 N.E.2d 647. [1999 FP 116]
     Appellate court holds that an employee cannot withdraw a disciplinary appeal once a hearing board has convened. Increased penalty upheld. Jackson v. City of Los Angeles, 1999 Cal.App. Lexis 69, 81 Cal.Rptr.2d 814. [1999 FP 52]
     A police lieutenant's appeal was not untimely where the official notice of his termination was sent to his attorney, and not to him. Statute required notification of the employee. Herman v. L.A. Co., 84 Cal.Rptr.2d 14 (App. 1999). {N/R}
     Federal court rejects termination lawsuit filed by ex officer who litigated the substantive issues in state court appeals. Only constitutional and statutory violations can be raised in federal court. Eng v. N.Y.C. Police Dept., 977 F.Supp. 668 (S.D.N.Y. 1997). [1998 FP 164]
     Illinois appellate court strictly interprets the technical requirements of the state's Administrative Review Act. Failure to name one of the three members of the Fire and Police Cmsn. was fatal to an officer's appeal, and deprived the courts of jurisdiction. Zelisko v. Bd. Fire & Pol. Cmsnrs., Oak Brook, 285 Ill.App.3d 323, 674 N.E.2d 489, 1996 Ill.App. Lexis 954. [1997 FP 131-2]
     Appellate courts must not overturn the discipline imposed by an agency unless the findings are against the manifest weight of the evidence. An agency's finding is against the manifest weight of the evidence "only if the opposite conclusion is clearly evident." Teil v. Police Bd. of Chicago, 671 N.E. 760, 1996 Ill.App. Lexis 640. [1997 FP 21]
     Corrections officers who resigned after they received a demotion and punitive transfer should have exhausted their rights of administrative appeal. Their damage suit for constructive discharge was an improper collateral attack. Reninger v. Dept. Corr., 901 P.2d 325 (Wash. 1995). [1996 FP 53]
     Appellate court reverses a trial judge's order that reduced a penalty imposed by a civil service board; judges must not substitute their opinions for those of civil service commissioners. McDonald v. City of Shreveport, 655 So.2d 588 (La.App. 1995). [1996 FP 37-8]
     Failure to name all parties in an appeal or a suit seeking judicial review, can invalidate the legal action. It was a fatal error not to also name those persons on a Board of Fire & Police Commissioners who supported an appellant's position. Orlowski v. Village of Villa Park Bd. of Fire & Pol. Cmsnrs., 273 Ill. App. 3d 42, at 46 (1995). Similarly, the failure to name the chief of police as a party voided an appeal in Lockett v. Chicago Police Board, 133 Ill. 2d 349, at 353 (1990). {N/R}
     Terminated public employees must exhaust their administrative appeals before seeking judicial relief. Newman v. Town of Falkville, 652 So.2d 757 (Ala. 1995). [1996 FP 20]
     Federal court dismisses wrongful termination suit because officer unsuccessfully litigated the same claim in an administrative hearing. Edmundson v. Bor. of Kennett Square, 818 F.Supp. 798 (E.D.Pa. 1992). [1994 FP 84-5]
     An arbitrator adopted the union's proposal, that a firefighter "should be afforded the option of exercising his contractual rights to the grievance and arbitration procedure or his statutory right to a hearing before the Fire and Police Cmsn. Vil. of Skokie IL and IAFF L-3033 (Gunderman, 1993). {N/R}
     Federal court dismisses suit by terminated corrections officer who failed to report a salary overpayment. Officer failed to appeal his dismissal in state courts. Miller v. County of Santa Cruz, 796 F.Supp. 1316 (N.D.Cal. 1992). [1993 FP 52]
     Civil Service Commission terminated an officer for cause. In a parallel proceeding, the state Labor Relations Commission found an unfair labor practice and ordered reinstatement. The appellate court concluded there was sufficient evidence to support both judgments, but the Labor Commission's decision must prevail. Rozek v. Bristol Bor., 613 A.2d 165 (Pa.Cmwlth. 1992). [1993 FP 68]
     Louisiana appellate court declines to review an allegedly retaliatory transfer, absent a legislative recognition of a right to appeal. Noya v. Dept. of Fire, 607 So.2d 713 (La.App. 1992). [1993 FP 100-1]
     Pennsylvania court denies a right to appeal minor discipline, including loss of shift differential pay. Terzuolo v. Bd. of Superv., Merion Twp., 586 A.2d 480 (Pa.Cmwlth. 1991). [1992 FP 36-7]
     Former public employee may not file a Civil Rights suit challenging his termination if he was unsuccessful in litigating a prior, direct judicial review of his dismissal. Murphy v. Town of Southampton, 563 N.Y.S.2d 94 (A.D. 1990). [1992 FP 3]
     Where bargaining agreement is silent on rights of appeal, other provisions of state law apply. Reeves v. Union Twp., 55 Ohio App.3rd 148, 563 N.E.2d 370 (1989). [1992 FP 36]
     A city does not enjoy a right to "due process." City of St. Paul v. LaClair, 466 N.W.2d 5 (Minn.App. 1991). [1992 FP 37]
     Terminated firefighter could file a grievance to overturn his dismissal, even though he was no longer a city employee at the time the grievance was lodged. United Firefighters of L.A. v. City of Los Angeles, 91 D.A.R. 8120 (Cal.App. 1991).
     Officer's termination for sexual misconduct in a bar was reversed by personnel board. Court could not reverse personnel board decision without statutory review authority. O'Connor v. Oakland Co. Sheriff's Dept., 426 N.W.2d 816 (Mich. App. 1989).
     Although an employee and an employer are the real parties to a contested disciplinary action, an appealing party in Alabama has to give formal notice of the appeal to the Civil Service Board. Wilson v. City of Russellville, 551 So.2d 1065 (Ala. App. 1989).
     Appellate court is bound by findings of hearing tribunal if the parties failed to engage a court reporter. City of Harahan v. Cummings, 545 So.2d 643 (La. App. 1989).
     Officer could not collaterally attack his termination, previously upheld in state courts, by filing a suit in Federal Court. Glenville v. Police Bd. of Chicago, 724 F.Supp. 1238 (N.D. Ill. 1989).
     Federal appeals court rejects reinstatement suit brought by employee who was "unlawfully" terminated 32 years before. Ireland v. Schultz, 829 F.2d 1189 (D.C. Cir. 1987).
     Employee must exhaust his administrative remedies before bringing a federal civil rights suit in state court system. McConnell v. City of Seattle, 722 P.2d (2) (Wash. App. 1986).
     Discharged employee who lost state appeal cannot challenge his termination in a federal civil rights suit. Genova v. Town of Southampton, 776 F.2d 1560 (2nd Cir. 1985).
     Federal appeals court says there is no constitutional right to contest a written reprimand; civil rights suit fails. Linhart v. Glatfelter, 771 F.2d 1004 (7th Cir. 1985).
     Pre-hearing suspension periods are discipline if back pay not awarded, and may be appealed. Sinnott v. Finnerty, 65 N.Y.2d 780, 492 N.Y.S.2d 945 (1985).
     Illinois Supreme Court holds public employees have a right to appeal disciplinary suspensions, even if statute says they don't. Wagner v. Kramer, 484 N.E.2d 1073 (Ill. 1985).
     Federal judge criticizes the large volume of petty disciplinary claims that clog the federal courts. Linhart v. Glatfelter, 584 F.Supp. 1369 (N.D. Ill. 1984).
     Court may order reinstatement but cannot require chief to assign reinstated subordinate in former position. Oliver v. Dept. of State Police, 349 N.W.2d 211 (Mich. App. 1984).
     Pennsylvania holds that a written reprimand may not be appealed without statutory authority. Guthrie v. Bor. of Wilkinsburg, 458 A.2d 307 (Pa. Cmwlth. 1983).
     Employee who named wrong party in disciplinary appeal could maintain his action; city not prejudiced. Woods v. Civil Service Cmsn., 455 N.E.2d 709 (Ohio App. 1983).
     Punishment not appealable under civil service laws could be attacked through arbitration. Bergen Co. Law Enforcement Group v. Bergen Co. Freeholders, 191 N.J. Super. 319, 466 A.2d 963 (1983).
     Courts have inherent right to review disciplinary action which is arbitrary or capricious; statute not necessary for head of department to appeal civil service ruling. Pierce County Sheriff v. Civil Service Cmsn., 658 P.2d 648 (Wash. 1983).
     No right to appeal discipline points until they accumulate to enough to justify a suspension; action imposed for driving vehicle at excessive speed, causing collision. Stafford v. City of Hot Springs, 637 S.W.2d 553 (Ark. 1982).
     New Jersey court rules it has "common law" power to review disciplinary decisions even without statutory authority. Romanowski v. Twp. of Brick, 185 N.J. Super. 197, 447 A.2d 1352 (1982).
     Right to pursue appeal of disciplinary action is lost on resignation. Pope v. City of Dallas, 636 S.W.2d 244 (Tex.App. 1982).
     Party who is unsuccessful in litigating his termination in state courts is precluded from litigating issue in federal courts as a civil rights violation; fact state law provides different rights between borough and township employees does not violate equal protection clause. Allen v. McCurry, 101 S.Ct. 411 (1980); Kelly v. Warminster Twp. Bd. of Superv., 512 F.Supp. 658 (E.D. Pa. 1981).
     Employees must elect to take dispute before civil services or state's public employment relations commission; no double barreling. City of Hackensack v. Winner and PERC, 162 N.J. Super. 1 392 A.2d 187 (A.D. 1978).
     No due process right to appeal suspension. Fox v. Carr, 552 S.W.2d 885 (Tex. Civ. App. 1977).
     See also: Arbitration Procedure for cases on appeal or suit after arbitration; Disciplinary Punishment, Suspensions.