JOHNSON v. CIVIL SERVICE BOARD OF PORTLAND, 162 Or. App. 527 (1999)

986 P.2d 666

DARYL JOHNSON, Appellant, v. CIVIL SERVICE BOARD OF THE CITY OF PORTLAND, PORTLAND PARKS AND RECREATION BUREAU, and CITY OF PORTLAND, Respondents.

No. (9610008072; CA A98841).Oregon Court of Appeals.On appellant’s motion for clarification of disposition filed August 4,
and respondent’s response filed August 10; motion granted; dispostion
(161 Or. App. 489, 985 P.2d 854) modified; otherwise adhered to September 15, 1999

Appeal from Circuit Court, Multnomah County, William J. Keys, Judge.

Susan D. Marmaduke and James, Denecke, Urrutia Marmaduke, P.C., for motion.

Liana Colombo, Deputy City Attorney, and Marianna Kanwit, contra.

Before De Muniz, Presiding Judge, and Haselton and Linder, Judges.

HASELTON, J.

Motion granted; disposition modified to read: “Reversed and remanded with instructions to issue writ reversing decision of Civil Service Board and determining petitioner’s entitlement to ancillary relief, including reinstatement and restitution, pursuant to ORS 34.100.”; otherwise adhered to.

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HASELTON, J.

Appellant has moved to “clarify” our disposition because “[i]t seems the parties are unable to agree on what the Court of Appeals intended to happen next.” We allow the motion. Our disposition “Reversed and remanded,” Johnson v. Civil Service Board, 161 Or. App. 489, 506, 985 P.2d 854 (1999), is clarified and modified to read: “Reversed and remanded with instructions to issue writ reversing decision of Civil Service Board and determining petitioner’s entitlement to ancillary relief, including reinstatement and restitution, pursuant to ORS 34.100.”

Motion granted; disposition modified to read: “Reversed and remanded with instructions to issue writ reversing decision of Civil Service Board and determining petitioner’s entitlement to ancillary relief, including reinstatement and restitution, pursuant to ORS 34.100.”; otherwise adhered to.

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