Fleming v. Holland

4 Citing cases

  1. Praprotnik v. City of St. Louis

    879 F.2d 1573 (8th Cir. 1989)   Cited 10 times

    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).

  2. Smith v. City of St. Louis

    573 S.W.3d 705 (Mo. Ct. App. 2019)   Cited 6 times
    Holding trial court was without authority to review an administrative proceeding that was untimely filed under section 536.110

    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.

  3. Recommendation for Discharge of Kelvie

    384 N.W.2d 901 (Minn. Ct. App. 1986)   Cited 9 times
    Stating that discharge requires a relationship between the alleged misconduct and job performance

    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.

  4. State v. Simmons

    299 S.W.2d 540 (Mo. Ct. App. 1957)   Cited 21 times

    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: