Potter v. City of Compton

SHINN, J.,

pro tem.

Appeal by the City of Compton, members of the City Council, and the city manager from a

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judgment granting a peremptory writ of mandate requiring the defendants to reinstate petitioner, respondent herein, as chief of police of said city, after his discharge from said office by the defendants and his reinstatement by the civil service board of the city.

The sole question in the ease is whether the action of the city manager in removing petitioner was final and not subject to review by the civil service board.

Appellants contend that the board was never lawfully created because the ordinance purporting to create it was not legally adopted. The procedure followed in adopting the ordinance was the following: On May 7, 1935, the following title of a proposed ordinance was presented, read and entered in the minutes of the council: “Ordinance No. 368. An ordinance of the City of Compton providing for a Civil Service system in said city; authorizing a Civil Service Commission and providing for the selection and appointment of members thereof, and defining their powers and duties; and providing certain rules and regulations pertaining to said Civil Service system. ’ ’ At that time the ordinance had been partly drafted by the city attorney, but had not been completed or written up. At their meeting on June 11, 1935, the members of the council in executive session had copies of the ordinance, and later on the same day adopted it.

Appellants contend that the General Municipal Corporations Law (Stats. 1883, p. 93, as amended; Leering’s Gen. Laws, Act 5233, see. 861) applied to the adoption of the ordinance, and that as provided therein it could not legally have been passed by the council on the day of its introduction nor within five days thereafter. Petitioner contends that it was sufficiently introduced on May 7th, when the title was read and entered in the minutes. This procedure is justified by petitioner by reason of an ordinance (No. 343) of the City of Compton in force at the times in question, reading in part as follows: “Ordinances may be introduced under the head of new business by reading the title only, provided, however, copies of such shall be sent in advance to each member of the Council and the City Manager prior to final passage.”