Woods v. Kilpatrick

DRAPER, P. J.

Peremptory writ of mandate directed appellants, the members of the San Francisco Civil Service Commission, to reinstate respondent employee to a rank from which he had been reduced. This appeal, followed.

Respondent Woods, a city employee, was named in a list of eligibles for promotion to the next higher classification (F410e Engineer [Electrical]). A vacancy occurred, the man next above Woods on the promotional list waived his right, and Woods was promoted. Five months later, a “retrenchment order” eliminated the position, and Woods was reduced to his former rank. The higher position was later reestablished, and the higher man on the promotional list withdrew his waiver of promotion, as the civil service regu

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lations permitted him to do. He, rather than Woods, was promoted to the restored position May 26, 1958.

Woods learned of these facts about a year later. Civil Service Association of San Francisco, a private organization, wrote to the commission in October 1959 asking ‘1 clarification of this problem” and “a ruling on Mr. Woods’ status.” The commission determined that Woods was not entitled to reinstatement because he had not served the full probationary period of six months in the F410e position. No request for reconsideration was filed by the association. Early in 1960, Woods’ attorney wrote to the commission demanding Woods’ reinstatement as of May 1958 and requested a hearing. Ruling was adverse to Woods on the ground that request for reconsideration had not been made within 30 days of the “ruling” of October 1959. Timely request for reconsideration was then made and denied. Meanwhile, on July 1, 1959, Woods had been appointed to a new vacancy in the F410e classification, and he still holds that rank.

In 1960, an examination for promotion to a still higher classification was given. Two years’ service in the F410e rank was required. With his prior service, Woods fell slightly short of this requirement. If he had been restored to that rank in May 1958, he would have substantially more than the required two years.

The trial court ordered his reinstatement as of May 26, 1958, thus establishing his eligibility for the promotional examination of 1960, and also awarded him $531 as pay he should have received in the F410c position from May 26, 1958 to July 1, 1959. (The pleadings and proof do not authorize mandate to compel this payment