Magness v. Shock

John A. Fogleman, Justice.

Lt. Thomas Magness was discharged by Chief of Police Cleddie Shock. Magness was given a letter of dismissal notifying him that he was discharged “for violation of the following rules and regulations”:

16-3 Failure to conform to and abide by Rules and Regulations

16-42 (3) Conduct unbecoming an officer or employee of the Police Department.

16-42 (5) Neglect of Duty.

16-42 (30) Absence from duty without official leave.

Magness gave notice of appeal to the Civil Service Commission, which upheld the dismissal. The pertinent finding of the commission, after hearing testimony,…