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PHOENIX v. CIVIL SERVICE BD.

No. 1 CA-CV 90-171.

169 Ariz. 256 (1991)

818 P.2d 241

CITY OF PHOENIX, Plaintiff-Appellant, v. PHOENIX CIVIL SERVICE BOARD; Anna Ochoa Thorne, Diane Dear, Jerry Eisen, Burton Drucker, Stanley Furman, in their official capacities as members of the Civil Service Board; and Kelly M. Zak, Real Party in Interest, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

September 26, 1991.

Attorney(s) appearing for the Case

Roderick G. McDougall, City Atty. by Elaine K. Cardwell, Nancy J. Kesteloot, Asst. City Attys., Phoenix, for plaintiff-appellant.

Gammage & Burnham by Richard K. Mahrle, Phoenix, for Phoenix Civil Service Bd.

Napier & Jones, P.C. by Michael Napier, Phoenix, for Kelly M. Zak.

OPINION

LANKFORD, Judge.

The City of Phoenix (City) appeals from a judgment denying its request that the superior court permanently enjoin the Phoenix Civil Service Board (Board) from conducting an investigative hearing concerning the City's demotion of Kelly Zak, a probationary city employee. The central issue on appeal is whether the Board has authority under the Phoenix City Charter ch. XXV, "Personnel System...

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