State Ex Rel. Irany v. Milwaukee County Civil Service Commission

The rule adopted by the commission is in direct conflict with the statute enacted by the legislature and, accordingly, the former must fail. The legislative pronouncement requires a hearing before the Civil Service Commission when charges are made against a person in the classified service whereby such person is suspended, demoted, or dismissed. A regulation or rule adopted by the commission which precludes such hearing as a matter of right is defective.

The respondent urges that we construe the statute in such manner that suspensions be regarded differently from dismissals. The respondent…