Snelling v. Civil Service Board

NOURSE, P. J.

These two appeals are presented on the same record. The first is an appeal from an order denying an injunction, the second from a judgment denying a writ of mandate.

Appellant held a probationary appointment as a patrolman in the Oakland Police Department. Before he had served a full year as such he was discharged from duty. The sole question raised by him on both appeals is whether, under the charter and the applicable rules, he was entitled to serve the full year period subject to discharge only after charges filed and a hearing before the civil service board.

Briefly the facts are these: Appellant was given a probationary appointment on December 21, 1946. On November 14, 1947, he was discharged upon request of the city manager. On November 17,1947, he filed a complaint for an injunction. On December 23, 1947, judgment denying the application for an injunction was entered.

The first appeal presents a moot question since no injunction could have been issued to prevent an act which was already completed. The maximum of probationary service which appellant could claim was one year. This period had expired when the order appealed from was entered. Section 78 of the Oakland Charter provides that all appointments to the municipal civil service “shall be on probation of a character and for a period to be fixed by the rules of the Board [Civil Service] but not to exceed one year.”

The appeal from the order denying an injunction, No. 13815, must therefore be dismissed.

[867]

The second appeal presents a similar question. The complaint for a writ of mandate was filed January 7, 1948. It prayed for an order “to reinstate petitioner to his position as Patrolman.” The only position to which he could have been reinstated was that of a probationer and his period of probation had expired before the petition was filed.

However on examination of the municipal charter we reach the same result. Section 78 of the Oakland Charter provides for the certification to the appointing power of persons eligible .to appointment in the civil service: “Such appointment shall be on probation of a character and for a period to be fixed by the rules of the Board, but not to exceed one year.” Rule 56 of the Civil Service Board provides: “Any person who has accepted a regular appointment from an entrance eligible list shall be on probation for a period of one year from the date of regular appointment. ...”