
    Argued January 24,
    affirmed January 28,
    petition for rehearing denied February 23,
    petition for review denied April 11, 1972
    GILLETTE, Appellant, v. DUSHANE et al, Respondents.
    
    493 P2d 67
    
      
      Gary K. Jensen, Eugene, argued the cause for appellant. With him on the brief were Dwyer, Jensen & Kulongoski, Eugene.
    
      Stanton F. Long, Eugene, argued the cause for respondents. With him on the brief were Johnson, Johnson & Harrang, Eugene.
    Before Schwab, Chief Judge, and Langtry and Port, Judges.
   PEE CIIEIAM.

Petitioner appeals from an adverse ruling of the circuit court on a writ of review wherein the petitioner challenged a ruling of the Eugene Civil Service Commission which upheld a denial of permanent status to petitioner as a lieutenant in the Eugene Pire Department. We adopt the part of the trial court’s opinion, as follows:

“* # * [I]t is the opinion of the Court that the hearing afforded the employee was not required by the ordinances of the city, but was rather a matter of grace. This is because the petitioner was operating under a probationary appointment to the rank of lieutenant, and such an appointment may be terminated by the appointing body at any time without a right to appeal under Eule XVIII, section 4 of the Eules of the Civil Service Commission.
' “Inasmuch as the hearing was a matter of grace and not .that required by Eule XXII to be held in the case of demotion of permanent employees, the burden of proof provided by section 9 of Eule XXII did not apply.
“It is therefore the conclusion of the Court that the determination of the Civil Service Commission in this matter should be affirmed * *

Affirmed.  