Legal Opinion · Dissent

Matter of Recommendation for Discharge of Kelvie

Court of Appeals of Minnesota

Decided April 8, 1986No. C6-85-2158Published

1DissentPopovich, Chief Judge

I respectfully dissent for the following reasons:

1. When a firefighter is hired by the City of Minneapolis, he is required to sign an oath to uphold the laws of this State and the ordinances of the City of Minneapolis.

Kelvie was charged as follows:

16. On December 5, 1984, at 2912— 15th Avenue South, Minneapolis, Minnesota, the employee violated his oath of office to support the laws of the State of Minnesota and the Ordinances of the City of Minneapolis by violating Minnesota Statutes §§ 152.09, subd. 1(2) and 152.-092, and Minneapolis Code of Ordinances §§ 223.10, 223.70, 223.120, and…

2Cases cited12 opinions

  1. State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
  2. Jones v. Rosemount, Inc.Court of Appeals of Minnesota · 1985
  3. Nodes v. City of HastingsSupreme Court of Minnesota · 1969
  4. Purdie v. Detroit Police Department Trial BoardMichigan Supreme Court · 1947
  5. State, Ex Rel. Ashbaugh v. BahrOhio Court of Appeals · 1941

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