Robert F. Barrett v. H. G. Smith

Plaintiff Barrett was employed as a policeman with the Boulder City, Nevada, Police Department since 1965. On December 30, 1974, he held the rank of Lieutenant. On that date, he was served with a letter by the Chief of Police (defendant H. G. Smith). This letter set forth a series of violations of Police Department rules and regulations, and informed Barrett that he was dismissed from the Boulder City Police Department. The letter was signed by Smith as Chief of Police, and approved by defendant Degernes as City Manager. At the same time Barrett was given a memorandum from Degernes stating that if Barrett wished to appeal the action recommended by the Police Chief and approved by Degernes, he must file his notice of appeal with the Boulder City Civil Service Commission within 10 days. Barrett filed his notice of appeal with the Civil Service Commission on December 31, 1974.

On January 6, 1975, Barrett was notified that his hearing before the Boulder City Civil Service Commission would take place on January 16, 1975. On January 13, 1975, Barrett filed a motion with the Civil Service Commission to set aside the dismissal for failure to comply with Civil Service Rules and…