Drake v. Nash

[411]

MOORE, P. J.

Appeal from a judgment denying appellant’s application for a writ of mandate to compel his reinstatement in the Department of Public Works in the city of Los Angeles.

On or about February 19, 1947, appellant was employed as a maintenance laborer in the department of public works. Seventeen months later, he was transferred to the lot cleaning division and given the title of equipment operator. About July 14, 1952, the board of public works discharged appellant by filing with the board of civil service commissioners, the following notice thereof, giving reasons for their action, to wit: “Violation of orders regarding junking, in that on June 17,1952, he was apprehended burning insulation from copper wire during working hours and admitted he knew it was against the rules; eight other citations during a period of five years for various reasons including absence without permission, unsatisfactory performance of duties, being late without permission, being argumentative, and failure to follow orders.”

Within the time prescribed by law, appellant filed with the board of civil service commissioners his application for a hearing into the cause of his discharge. On August 1, 1952, the board appointed one of its members, Ida S. Lazard, to conduct a hearing pursuant to appellant’s petition. On October 30, 1952, Commissioner Lazard recommended to the board of civil service commissioners that appellant be retained in his position. Her recommendation was duly considered by the civil service board at its regular meeting of November 7, 1952, at which time the board of public works filed written exceptions to Examiner Lazard’s report. On December 12, after due consideration, the board of civil service commissioners by unanimous vote discarded the findings of the examiner, found that there was sufficient evidence to support the discharge and ordered that it be sustained. The matter was then taken to the superior court by petition for writ of mandate to require respondents to restore him to his position of equipment operator. This appeal is taken from the judgment denying the writ.

Appellant contends that the board of civil service commissioners acted arbitrarily and capriciously in sustaining his discharge when the charge of “junking” was neither proved nor disproved; that the evidence having been insufficient to sustain that specific charge, there was no ground established for terminating appellant’s employment.