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McGEE v. CIVIL SERVICE BOARD

0404-03645; A128106 (Control) 0404-03783; A128107.

154 P.3d 135 (2007)

211 Or. App. 149

Michael McGEE, Plaintiff-Respondent, v. CIVIL SERVICE BOARD OF the CITY OF PORTLAND, Defendant-Appellant. Joseph Gymkowski, Plaintiff-Respondent, v. Civil Service Board of the City of Portland, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 28, 2007.

Attorney(s) appearing for the Case

Harry Auerbach, Chief Deputy City Attorney, argued the cause and filed the briefs for appellant.

Monica Smith and Elizabeth A. Joffe, Portland, argued the cause for respondents. With them on the joint brief were Smith, Diamond & Olney and McKanna Bishop Joffe & Sullivan.

Before LANDAU, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

LANDAU, P.J.

Plaintiffs are two Portland Fire Bureau captains who unsuccessfully applied for promotion to the position of battalion chief. They complained to the City of Portland Civil Service Board (board) that the Portland Fire Bureau Chief had passed them over for unlawful reasons. The board determined that, under the city charter and personnel rules, it lacked authority to review the director's decision. Plaintiffs then initiated this writ of review action. The...

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