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BEVEL v. CIVIL SERVICE COM'N

No. 87-1138.

426 N.W.2d 380 (1988)

Walter BEVEL, Appellee, v. The CIVIL SERVICE COMMISSION OF the CITY OF DES MOINES, Iowa, Ralph Costanzo, As Chairperson of the Commission; Marsh Houston, as a Commissioner; and Delores Monroe, as a commissioner, Appellants.

Supreme Court of Iowa.

July 20, 1988.

Attorney(s) appearing for the Case

Nelda Barrow Mickle, City Sol., Des Moines, for appellants.

Arthur C. Hedberg Jr. and Phillip Vonderhaar of Hedberg, Ward, Owens & Vonderhaar, Des Moines, for appellee.

Considered by SCHULTZ, P.J., and CARTER, NEUMAN, SNELL and ANDREASEN, JJ.

SCHULTZ, Presiding Justice.

Des Moines police officer Walter Bevel was suspended for five days by the Police Chief. He appealed his suspension to the Civil Service Commission which dismissed for want of jurisdiction on the ground the appeal had not been filed within the fourteen-day period provided by Iowa Code section 400.20 (1987). The district court concluded that the Commission acted illegally by starting the appeal period the date the chief of police signed the...

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