Legal Opinion

Saldate v. Montgomery

Court of Appeals of Arizona

Decided January 31, 2012No. 1 CA-CV 11-0079PublishedCited by 4 opinions

1Opinion of the Court

OPINION

KESSLER, Judge.

¶ 1 Plaintiff/Appellant Manuel Saldate (“Saldate”) appeals the superior court’s order remanding his administrative appeal to the Maricopa County Employee Merit System Commission (“Commission”) for the purposes of issuing a final administrative decision. The basis of the superior court’s ruling was that because the Commission voted 2-2 on whether to accept or reject the hearing officer’s recommendation to affirm Saldate’s employment termination, the Commission’s decision was of no force and effect. We agree with the superior court and affirm its remand order.

FACTUAL AND…

2Cases cited10 opinions

  1. Wyatt v. WehmuellerArizona Supreme Court · 1991
  2. Fragoso v. FellCourt of Appeals of Arizona · 2005
  3. City of Phoenix v. YatesArizona Supreme Court · 1949
  4. Petolicchio v. Santa Cruz County Fair & Rodeo Ass'nArizona Supreme Court · 1994
  5. Pima County v. Pima County Law Enforcement Merit System CouncilArizona Supreme Court · 2005

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3Cited by4 opinions

  1. Silver v. Pueblo Del Sol Water Co.Court of Appeals of Arizona · 2016
  2. Simms v. SimmsCourt of Appeals of Arizona · 2025
  3. Enterprise Life v. AdoiCourt of Appeals of Arizona · 2020
  4. Maricopa v. Employee MeritCourt of Appeals of Arizona · 2016

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