Conroy v. Wolff

SHENK, J.

This is an appeal from a judgment denying a writ of mandate to compel the Civil Service Commission of San Francisco to consider and allow a credit in a promotional examination.

Appellant, Peter Conroy, is a lieutenant in the San Francisco Police Department. He filed an application to take a promotional examination for captain. The regulations for the examination were published by the .Civil Service Commission on July 7, 1946, in an official publication known as the “scope circular.” This circular designated November 8, 1946, as the “Beginning Date of Examination.” The examination was postponed. On December 5, 1946, before the examination was held, Conroy was the recipient of a meritorious award from the Meritorious Award Board for service performed in an arrest occurring November 16, 1946. The examination was held December 12, 1946. Conroy requested that he be given

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credit on his examination for his meritorious award. The commission denied his request on the ground that the award was made after the official “Beginning Date of Examination.” If the credit had been allowed, Conroy would have ranked about 8th on the list of eligibles for promotion. Otherwise he ranked 15th.

Conroy contends that the city charter compels the commission to grant him the credit. Section 146 of the charter provides: “Whenever it deems it to be practicable, the civil service commission shall provide for promotion in the service on the basis of such examinations and tests as the commission may deem appropriate, and shall, in addition, give consideration to ascertained merit and records of city and county service of applicants . . . All such promotive examinations in the police and fire departments shall be entirely of a written character ...” Subsection (d) provides: “In addition to the foregoing credits for seniority [covered in subsections (a), (b), and (c) ], ten per cent of the total credits allowed for said examination shall be allowed for ascertained merit and meritorious public service; ...”

The commission concedes that the granting of credit for meritorious service is mandatory under the terms of the charter. It argues, however, that it has discretion to set a “cutting off date” for computing such credits which may be earlier than the date the examination is actually held. It maintains that in this case it had designated as such date the official beginning date of the examination as noted in the scope circular. The commission has adopted such a rule for “seniority” credits and argues that the same rule is intended to apply to meritorious service credits.