California, United States of America
The following excerpt is from Snow v. Board of Administration, 151 Cal.Rptr. 127, 87 Cal.App.3d 484 (Cal. App. 1978):
I respectfully dissent. Although the majority asserts its reasoning is based upon the necessity of protecting the civil service system I believe its ruling will have a substantial adverse effect on the system. It must be kept in mind that this case arose from an employment situation. Plaintiff did not wake up one day and decide to do the work of an associate land agent. He was ordered to do so by his employer. Failure to obey an order brings the risk of discipline. It is all very well that an employee's disobedience of an illegal order does not constitute a legally punishable offense (Parrish v. Civil Service Commission (1967) 66 Cal.2d 260, 57 Cal.Rptr. 623, 425 P.2d 223), most folks do not have that kind of intestinal fortitude, nor should the system's proper operation depend on bureaucrats having more courage than the population at large.
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