Broyles v. State Personnel Board

[305]

WOOD, J.

Petitioners commenced this action to compel the State Personnel Board, the Unemployment Reserves Commission and various state officers to reinstate them in their positions in the state service and to pay them salaries claimed to be due. They have appealed from a judgment denying their petition.

After taking a civil service examination petitioners were on October 1, 1937, appointed to the positions of senior interviewer, division of employment agencies, department of employment of the Unemployment Reserves Commission of the State of California at a salary of $160 per month. The trial court found that in March, 1938, and during their six months probationary period petitioners were dismissed “for reasons relating to the qualifications of each and for the good of the service and for failure to demonstrate merit, efficiency, and fitness; that notice of such action accompanied by a statement of the specific reasons therefor, truthful within the knowledge of the division of employment agencies or other person in charge of the respective petitioners, was filed by the division of employment agencies with the State Personnel Board, and a copy thereof was served upon each of the petitioners previous to the 31st day of March, 1938”. On April 21, 1938, petitioners appealed to the State Personnel Board and thereafter the matter was referred to a referee to hear the evidence and report to the board. The referee conducted a hearing and filed a report upholding the dismissals. Petitioners excepted to the referee’s report and on November 17, 1938, the State Personnel Board rendered its decision that each petitioner “was lawfully rejected during his probationary period”. The board did not restore petitioners to the eligible list for certification to any other position.

The law governing the present appeal is to be found in the State Civil Service Act (Deering’s Gen. Laws, 1937, Act 1404). Sections 122 and 123 of this act provide the reasons for and the method of the dismissal of employees during the probationary period. These sections are as follows: “Sec. 122. Any probationer may be rejected by the appointing authority during the probationary period for reasons relating to the probationer’s efficiency, fitness and moral responsibility. Notice of such action accompanied by the statement of the specific reasons therefor, truthful within the knowledge of the appointing power or other officer or person in charge of the employee, shall be filed by the appointing power with the