Weston v. Ferguson

The issue presented by this case is whether the manner in which the Auditor of State abolished an Examiner I position in the pre-audit section, which resulted in Weston’s dismissal, was in accordance with law. This court concludes that it was.

To begin with, at all times relevant to this case there were no statutory requirements or state rules or regulations establishing a formal procedure for the abolishment of a position. Instead, the proper standards have been set forth in previous cases where this court has considered the subject.

It is well-established that the power to create a position…