# Mayfield v. Walsh

> Missouri Court of Appeals · February 11, 1986 · 708 S.W.2d 201

URL: https://www.frixlaw.com/law-library/cases/5066534

## Case

- **Full name:** John MAYFIELD v. Rodger J. WALSH, as Members of the Personnel Advisory Board, Frank C. Winter
- **Court:** Missouri Court of Appeals
- **Decided:** February 11, 1986
- **Citations:** 708 S.W.2d 201; 1986 Mo. App. LEXIS 3678
- **Precedential status:** Published
- **Opinion:** Dissent by Manford
- **Judges:** Manford, Nugent, Shangler
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5066534

## Opinion text

MANFORD, Judge,
dissenting.
I must dissent in this matter.
It is clear from the facts set forth in the majority that the practice of the Missouri Personnel Advisory Board is to decide employee disciplinary matters on a comparative basis of punishment or discipline between various employees rather than to enforce the rules and regulations applicable to public employers. The facts establish that Winter herein not only undertook con *204 flicting employment with his state paid employment, but when confronted with the matter he lied about it.
It is incredible that a public agency could find, upon the evidence, that an employee attempted deception regarding his employment behavior, then rationalize that since he gained no monetary gain and since other employees had also been reprimanded (but in a different manner), the employee (Winter) was entitled to reinstatement and full salary.
The Board’s decision makes a mockery of the employment procedure of the state. In turn, the courts, by adoption of the majority view, have become a party to that mockery.
A close reading of finding no. 7 does not constitute, in my opinion, a “finding” as stated in the majority opinion.
I would reverse the judgment of the trial court and remand this case with instructions that the trial court direct the reinstatement of the original discharge of the employee.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5066534. Public record. Not legal advice.