Legal Opinion · Dissent

Davila v. Ramsey County Community Human Services Department

Court of Appeals of Minnesota

Decided September 24, 1985No. C1-85-687Published

1DissentForsberg, Judge

I respectfully dissent from the majority on their interpretation of Minn. Stat. § 383A.29, subd. 15. I agree with the district court that this statute limits the authority of the Ramsey County Civil Service Commission in a case like this where the commission finds the evidence warrants the employer’s action.

A commission may never exceed its specific grant of authority:

It should be recognized that a civil service commission exercises purely statutory power and must find within the statutes the authority to exercise the power it claims. A commission can exercise only such authority as is…

2Cases cited3 opinions

  1. Leininger v. City of BloomingtonSupreme Court of Minnesota · 1980
  2. Essling v. St. Louis County Civil Service CommissionSupreme Court of Minnesota · 1969
  3. CITY OF MINNEAPOLIS BY JOHNSON v. SingerSupreme Court of Minnesota · 1977

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