Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

03/08/76 MOULTON v. DEPARTMENT REVENUE

March 8, 1976

MOULTON
v.
DEPARTMENT OF REVENUE



Appeal from Ingham, James T. Kallman, J.

Leave to appeal denied, 397 Mich .

N. J. Kaufman, P. J., and T. M. Burns and M. F. Cavanagh, JJ. N. J. Kaufman, P. J., concurred. M. F. Cavanagh, J. (dissenting).

SYLLABUS BY THE COURT

Opinion of the Court

1. Administrative Law -- Civil Service Commission -- Appellate Review -- Constitutional Law.

Appellate review of findings of fact and decisions of the Civil Service Commission must include a determination that the findings and rulings are authorized by law and, in cases in which a hearing is required, whether the same are supported by competent, material and substantial evidence on the whole record (Const 1963, art VI, § 28).

2. Administrative Law -- State Employees -- Dismissal -- Psychiatric Examination.

An employee of the department of revenue who was in the process of appealing an unsatisfactory service rating may not be dismissed for failing to submit to an examination by a department-selected psychiatrist.

3. Administrative Law -- State Employees -- Dismissal -- Substantial Evidence.

Dismissal of an employee of the department of revenue because of unbecoming conduct was supported by competent, material and substantial evidence where the employee made written statements charging practically everybody in the employment controversy with crimes ranging from perjury to embezzlement, the record is full of vitriolic statements made by the employee challenging the integrity and morality of many department of revenue and Civil Service Commission officials, the employee was given several opportunities in administrative hearings and in circuit court to substantiate and defend the charges against her, and she was unsuccessful in substantiating and defending the charges.

Dissent by M. F. Cavanagh J.

4. Administrative Law -- Civil Service Commission -- Rules -- Medical Examination -- Sick Leave.

A Civil Service Commission rule providing that an employee may be required to present medical certification of physical or mental fitness to continue working does not authorize the department of revenue to require an employee to submit to a doctor's examination where no question has been raised regarding sick leave benefits; furthermore, the department cannot require an ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.