Ballf v. Civil Service Commission

California Court of Appeal Feb 25, 1941 No. Civ. 11189Published

Before: Knight

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Holding. The Civil Service Commission must certify the highest-ranking eligible candidate from the current list for a vacant position as mandated by the city charter, and any administrative rule attempting to circumvent this requirement is void. The court further held that a civil service appointee must serve the mandatory probationary period as required by the charter, as constructive service is insufficient.

Issues

Whether the Civil Service Commission may bypass the highest-ranking eligible candidate on a current list to transfer another employee under a commission rule.
Whether a municipal agency's rule-making power allows for the nullification of mandatory charter provisions regarding civil service appointments.
Whether a court may waive the mandatory probationary period for a civil service appointee based on the theory of constructive service.

Disposition. modified and affirmed

Quotations verified verbatim against the opinion

“the action of the commission in so doing was violative of the provisions of said section 148 of the charter above quoted, which imposes the imperative duty upon the commission to certify the name of the person ranking highest”

“any rule adopted by such agency which has the effect of opening the way to circumvent or nullify charter provisions is, to that extent, inoperative and void.”

“The unequivocal language used in section 148 shows, however, that actual service, rather than constructive, is required.”

[213]

KNIGHT, J.

This proceeding in

mandamus

was instituted in the superior court by the plaintiff, Harry A. Ballf, to compel the defendants, Civil Service Commission of San Francisco and the members thereof, to certify his name to the board of supervisors as appointee for the position of 11 General Clerk-Stenographer” in the office of said board. Judgment was entered in his favor, and the defendants appeal.

The controversy arises out of the following situation: In March, 1938, Fred Moran resigned as bond and ordinance clerk of the board of supervisors; and shortly afterward Robert J. Dolan, then occupying the position of general clerk-stenographer (B-408) for a probationary period in the office of the purchaser of supplies, requested transfer to the position left vacant by Moran’s resignation. The request was denied, for the reason, among others, that the position sought by him with said board was of a classification different from the one he then held. During the following month, April, 1938, proceedings were initiated to reclassify the position in the office of said board as general clerk-stenographer (B-408), the same classification as the one then held by Dolan. The reclassification became effective on July 1, 1938, the operative date of the salary ordinance of the city for the year 1938-1939; and on July 17, 1938, Dolan'renewed his application for transfer to said position.

Section 142 of the charter provides that with exceptions not here pertinent “All positions in all departments and offices of the city and county . . . shall be included in the classified civil service of the city and county, and shall be filled from lists of eligibles prepared by the civil service commission . . . ”; and section 148 of the charter provides: “Whenever a position controlled by the civil service provisions of this charter is to be filled, the appointing officer shall make a requisition to the civil service commission for a person to fill it.

Thereupon, the commission shall certify to the appointing officer the name and address of the person standing highest on the list of eligibles for such position. . . . ”

(Italics ours.) In conformity with the requirements of the latter section the board of supervisors on August 19, 1938, filed a requisition with the commission for a person to fill the .newly created position of general clerk-stenographer (B-408), the appointee to report for duty on August 29, 1938. The respondent Ballf, then occupying a position as general clerk-

Ballf v. Civil Service Commission

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KNIGHT, J.

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