| Show r Board Orders Fireman I Be Reinstated Civil Service Group Finds Duress Forced Resignation The Salt Lake City civil service commission established a precedent precedent prece prece- dent Wednesday in ordering that Harold Fox N. N West Vest be reinstated as a a. grade first-grade fire fire- man R R. J. J Hogan chairman of the I j commission said the I group was unanimous in its decision decision decision deci deci- sion demanding that fireman Fox be reinstated finding that Mr I Foxs Fox's resignation from the department department department de de- de- de in August had been obtained obtained ob tamed under duress and was in m effect not a resignation but a dis dis- dis- dis charge Under the civil service law Jaw a fireman or policeman has the right to appeal a discharge but he loses i I all appeal rights when he tenders j ja a resignation Arrested Aug tug 5 The controversial case began when fireman Fox was arrested on I charges of intoxication Aug 5 The next day according to testimony testimony testimony mony given giyen by Mr Fox to the board Fire Chief J. J K Piercey called him before a board of fire officers and told him it was no longer possible for him to work for the fire department I Mr Fox told the board that Chief Piercey had told him he could either resign or be dis dis- dis- dis charged I refused to resign the fireman said and the chief told me that if I didn't resign he would blast me in every newspaper inthe in inthe n the city and make It so miserable that I couldn't get a job After the alleged threat of publicity publicity pub pub- Mr Fox said he tendered his resignation However the next day he consulted an attorney and was advised to withdraw his formal formal formal for for- mal resignation But after a ruling ruling rul nil ing ing- from the city attorney the original resignation was accepted by the cit city commission in m August Explains Action Chief Piercey told the commission commission commission commis commis- sion that he had merely explained to Fox of the resulting publicity if he was discharged d from the department department de de- de- de and that a resignation would avoid the publicity He added that Fox had been told he would find it it easier to find a job if he resigned than if he was discharged dis dis- dis- dis charged Mr Fox appealed to the civil service commission The commission commission commission commis commis- commis- commis sion decided that it had jurisdiction tion in the case over the protest of fire department officials I want to emphasize Mr Hogan said Wednesday that the civil service commission did not judge Mr Foxs Fox's competence as a fireman We merely ruled that a aman aman aman man cannot be forced to resign and lose his right to appeal |
