Raymond v. Bartlett

MOORE, P. J.

The plaintiff, as a taxpayer of Torrance, sued to enjoin respondent Leech, city treasurer, from paying respondent Bartlett, city clerk, and Bartlett from accepting a monthly salary of $50 for his services as purchasing agent of the city. From an adverse judgment plaintiff appeals.

For 24 years Bartlett has been the duly elected, qualified and acting city clerk of Torrance and now receives a regular monthly salary of $250 as such clerk. After acting six years as purchasing agent he was by the city council reemployed to fill that position in July, 1944, on a part-time basis and has received compensation for his services in such position in addition to his official salary. Contrary to the allegations of appellant the office of purchasing agent has never been classified by the city’s civil service board as a civil service position. The duties performed by Bartlett as purchasing agent are wholly without the scope and range of the duties of the office of city clerk. Neither are the services and functions of the position of employment incompatible with those of his public office. Except when both the office and the position are held by the same person there is no relation between the two. As such purchasing agent Bartlett has never been interested in any contract with the city or with any of its officials in doing work or in buying supplies for the city or its officers. Neither was he ever interested in any contract made by himself or by any body or board of which he was a member within the meaning of the Government Code (§ 1090) or otherwise. Having found the foregoing facts the court below de

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creed that Bartlett is entitled to occupy both the office of city clerk and the position of purchasing agent and to draw the salaries provided by law to be paid to the occupant of each.

Despite such findings appellant now presents “only one contention, to wit: that section 886 of Act 5233 of Deering’s General Laws prohibits Mr. Bartlett from receiving any sums beyond his regular salary as city clerk.” Such act has not the slightest bearing upon appellant’s thesis. Section 886 forbids any officer of a city of the sixth class to be interested in any contract with such city or with any of its officers, “or in doing any work or furnishing any supplies for the use of such city.” Not only was it found that the duties of the position are not incompatible with those of city clerk but the claim of inconsistency of the functions of the two offices was not alleged. Confronted now with such finding appellant contends that “since it is merely a job' of work ... for the use of the City of Torrance it is unlawful for Mr. Bartlett to receive extra pay for such work” or to be interested in such work. Such contention is completely answered by