Viculin v. Department of Civil Service, Docket No. 7827
| Decision Date | 26 October 1970 |
| Docket Number | Docket No. 7827,No. 2,2 |
| Citation | 183 N.W.2d 301,27 Mich.App. 336 |
| Parties | Donald VICULIN, Plaintiff-Appellant. v. DEPARTMENT OF CIVIL SERVICE, Defendant-Appellee |
| Court | Court of Appeal of Michigan — District of US |
William L. Mackay, Lansing, for plaintiff-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Wallace K. Sagendorph, Asst. Atty. Gen., for defendant-appellee.
Before QUINN, P.J., and V. J. BRENNAN and ZIEM, * JJ.
Petitioner appeals from the decision of the Ingham county circuit court on February 13, 1969, affirming his dismissal from state employment through Civil Service Commission procedures.
At issue is petitioner's dismissal from employment by the Vocational Rehabilitation Division of the Department of Education on December 8, 1966, effective January 7, 1967, after petitioner had received two consecutive unsatisfactory service ratings. In his December 8th rating, petitioner was appraised of the reasons for his dismissal. Pursuant to Civil Service Commission rules, the Department of Education referred his appeal to the Civil Service Hearing Board. A hearing before this board was held January 11, 1967, at which petitioner was represented by two attorneys. On February 3, 1967, in substance, the Hearing Board upheld petitioner's dismissal because the evidence showed that his performance was inadequate over a considerable period of time; that he had received fair notice of his deficiencies, but had still not performed acceptably, and there would be no effective change in his performance if given a further period of probation.
Petitioner appealed to the Civil Service Commission. A hearing was held on April 11, 1967, at which time the Commission affirmed the finding of the Hearing Board and recommended that an effort be made to find petitioner other employment outside of the Vocational Rehabilitation Division. On May 11, 1967, petitioner sought review in circuit court. The court affirmed the decision of the Commission. On March 6, 1969, Viculin moved for a rehearing. Additional argument was held, and on April 30, 1969, the court again affirmed Viculin's dismissal from state employment.
Petitioner alleges a failure by the Commission to safeguard his procedural rights and other errors during the course of his administrative and judicial proceedings. Our review of the record reveals compliance by the Commission with all the requisites of due process before...
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Viculin v. Department of Civil Service
...raised, but rather determining that on the basis of the whole record there was no denial of due process, Viculin v. Dept. of Civil Service, 27 Mich.App. 336, 338, 183 N.W.2d 301 (1970). I.--Method and Scope of Judicial A. Applicability of Const. 1963, art. 6, § 28. Art. 6, § 28 was a new an......