Turner v. Civil Service Commission

BARNARD, P. J.

This is an appeal from a judgment annulling an order of the civil service commission and remanding the matter to that commission for further proceedings.

The coroner of San Diego County issued an order removing Ernest A. Turner from his position as deputy coroner in the classified civil service. The order stated the grounds therefor, setting forth seven specific charges of insubordination. He

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was further charged with inefficiency, willful disobedience, and conduct that is incompatible with and inimical to the public service in connection with each of the incidents listed in the insubordination charge. In an eighth charge he was accused of conduct that is incompatible with and inimical to public service in connection with a different incident. In a ninth charge he was accused of conduct constituting a failure of good behavior in a specific instance not covered by the other charges.

Turner appealed to the civil service commission and after an extended hearing the commission found that one or more of the charges with respect to each of the first seven incidents had been proved, but that the charges based upon the eighth and ninth incidents had not been proved. The commission then entered an order sustaining the coroner’s order of dismissal. In response to a petition filed in the superior court by Turner, a writ of review was issued. A hearing was had in which a transcript of the entire proceedings before the commission was presented and considered.

The court found that in affirming the order of dismissal the commission had acted arbitrarily and in excess of its jurisdiction, and had abused its discretion, in each of the following respects: 1. in that it refused to admit into evidence and consider the petitioner’s efficiency record; 2. in that it refused to admit and consider evidence of his good reputation for the traits of character involved in the charges; 3. in that there was no substantial evidence to support the commission’s findings against him with respect to three of the first seven charges; 4. in that the commission’s conclusion that the petitioner had not been guilty of conduct constituting a failure of good behavior is inconsistent with its other conclusions to the effect that he was guilty of insubordination, inefficiency, disobedience, and conduct inimical to public service. It was further found that the commission’s findings, with respect to four of the first seven charges, were supported by substantial evidence. As conclusions of law it was found that the commission’s order of affirmance should be annulled and set aside; that the commission should be directed to hold a further hearing at which it should receive and consider the efficiency records and reputation evidence; and that the commission should be directed to consider what order should be made in view of such additional evidence and of the court’s finding that three of the charges were unsupported. Judgment was entered accordingly, and the commission and the coroner have