(DOWNLOAD) "Behrmann v. Public Employees Relations Board" by Supreme Court of Kansas ~ Book PDF Kindle ePub Free
eBook details
- Title: Behrmann v. Public Employees Relations Board
- Author : Supreme Court of Kansas
- Release Date : January 24, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
The opinion of the court was delivered by This is an interlocutory appeal by the Public Employees Relations Board (PERB or Board) from an order of the district court holding K.S.A. 75-4334(b) unconstitutional as violating article 3, section 1 of the Kansas constitution. Appellee, Mickey Behrmann, was employed by the sewer maintenance department of the City of Wichita. After being dismissed by the City she filed a complaint with appellant alleging the City had engaged in a prohibited practice under K.S.A. 75-4333(b)(4). A hearing was held before the Board and an order was issued by the Board finding the City had engaged in a prohibited practice under the statute. The Board ordered appellee reinstated in her job but without back pay. Behrmann filed a petition for review in the district court alleging the order of the Board was arbitrary, capricious and unreasonable and asked for a modification of the order to include back wages and other benefits. During the course of the appeal, Behrmann sought a trial de novo which was granted by the district court. The PERB brought this interlocutory appeal pursuant to an order granted by the district court which also stayed further proceedings pending a determination of this appeal. While the parties list three points on appeal, the basic issue is whether a de novo review of quasi-judicial decisions of administrative bodies is required by article 3, section 1 of the Kansas constitution and, if so, is 75-4334(b), which provides a more limited scope of review, unconstitutional?
 "Behrmann v. Public Employees Relations Board" by Supreme Court of Kansas ~ Book PDF Kindle ePub Free){kind=link}