Frazee v. Civil Service Board

O’DONNELL, J. pro tem.

*

This is an appeal by petitioner from a judgment denying a peremptory writ of mandate to compel his reinstatement as a police officer of the city of

[334]

Oakland. The appeal is taken on the judgment roll only. Error, if any, therefore must affirmatively appear from the face of the judgment roll before a reversal can be ordered.

(Utz

v.

Aureguy,

109 Cal.App.2d 803 [241 P.2d 639].)

Appellant had, at the time of the incident out of which this proceeding arose, been a police officer of the city of Oakland with full and permanent civil service status for a period of approximately 10 years. On November 1, 1956, appellant was accused by a citizen of attempting to commit a felony. In connection with the investigation of the charge respondent chief of police ordered appellant to submit to a polygraph, or “lie detector,” test. Appellant refused to comply with the order. He was thereupon discharged from the police force. Appellant had previously violated several other rules of the police department. Although it was the cumulation of all these violations that resulted in his discharge, we are here concerned only with the question of whether the last violation, that is, his refusal to submit to the test, constituted a valid ground for dismissal.

Appellant appealed to respondent civil service board. That body, after a hearing, affirmed the order of discharge. The present mandamus proceeding ensued. The trial court, in findings that followed substantially those of the board, found that the order of the chief of police directing appellant to submit to a polygraph examination was not an unreasonable order, and that appellant was, in violation of the provisions of the City Charter of the City of Oakland, guilty of misconduct, conduct unbecoming an officer, and insubordination in refusing to comply with the chief’s order. Judgment was thereupon entered that the writ of mandate be discharged.

It is appellant’s contention that the order of the chief of police that he, appellant, submit to a polygraph test was arbitrary and unreasonable and that therefore his resulting discharge from the police department was unwarranted. He bases this contention on the following two grounds: (1) that since the results of polygraph tests are inadmissible in evidence, to submit to one would be an idle act, and that therefore the chief acted arbitrarily and unreasonably in requiring appellant to take such a test; (2) that it is improper for a chief of police to compel a police officer to participate in the investigation of a charge in which the officer is himself implicated.