The decision has been appealed to the California Supreme Court, Docket No. Civil service commission can refuse an employee's resignation, continue proceedings and terminate the employee. Prompt withdrawal of letter of resignation must be accepted. False threats of criminal prosecution unless employee resigns violates federal rights of tenured employees. Threats to file criminal charges unless subordinate resigns is duress, where vested pension could be forfeited.
Coerced resignation is equivalent to dismissal of employee.
Case to be retried due to trial error. Delivery of resignation precludes later disciplinary action. Resignation cannot be withdrawn before effective date if already accepted. Civil Service Board, City of Ft. Resignations are effective on delivery.