See St. Louis Civil Service Rules, App. 41-105. See also Fleming v. Holland, 260 S.W.2d 840, 841-42 (Mo.App. 1953) (recognizing the Commission's power to promulgate rules for the dismissal of an employee). The Commission is also authorized to make recommendations to the mayor and aldermen with respect to ordinances affecting personnel matters, to investigate issues affecting personnel administration, and to decide all employment matters raised on appeal from any act or decision by the Director of Personnel or appointing authority. City Charter, Article XVIII, ยง 7(b), (c), (d).
The Civil Service Rules are promulgated by the Commission pursuant to its authority under Section 84.344.8 (Cum. Supp. 2013) and Section 7 of Article XVIII of the Charter of the City of St. Louis. SeeFleming v. Holland , 260 S.W.2d 840, 842 (Mo. App. St. Louis 1953). Therefore, they constitute "agency rules" which Appellant was required to file under Rule 84.04(h)(2) to the extent Appellant claims they were "controlling" of any issue in this appeal.
A civil service commission has authority independent of the criminal courts. Fleming v. Holland, 260 S.W.2d 840, 842 (Mo.Ct.App. 1953). 2.
The reviewing court should adhere to the rule of deference to findings involving credibility of witnesses made by those before whom the witnesses testified. Wood v. Wagner Elec. Corp., en Banc, 355 Mo. 670, 197 S.W.2d 647; Dittmeier v. Missouri Real Estate Commission, Mo.App., 237 S.W.2d 201; Coleman v. Hercules Powder Co., Mo.App., 284 S.W.2d 32; Ulman v. Evans, Mo.Sup., 247 S.W.2d 693; Fleming v. Holland, Mo.App., 260 S.W.2d 840; Willens v. Personnel Board of Kansas City, Mo.App., 277 S.W.2d 665. Relator's separation from service was based upon this formal charge lodged by the dismissing official: