Sweetnam v. Board of Police Commissioners

CRAIG, J.

This is an appeal from a judgment of the superior court rendered after a demurrer had been sustained to a petition for a writ of review, the petitioner having declined to- amend. The facts essential to be mentioned for the purposes of this decision are as follows: The petitioner was a police officer of the city of Los Angeles and had been acting in that capacity for a considerable period prior to June 8, 1920. The defendants and respondents are the board of police commissioners of the city of Los Angeles and the individual members of this board. The petition alleges that on or about the eighth day of June, 1920, the petitioner was dismissed from the employ of the police department of said city of Los Angeles by the respondents and defendants herein. It then continues to recite that in making said order of dismissal the respondents acted in excess of their jurisdiction; that no charges of any nature were preferred against the petitioner; that no cause or ground was assigned as a

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reason for his dismissal and that no investigation was conducted relative to his dismissal. Both sides agree that the sole question presented upon this appeal is to be determined by a construction of section 93 of the charter of the city of Los Angeles, and that we are required to determine whether or not this section of the charter provides for a giscm-judicial or an executive proceeding when the board of police commissioners makes an order removing a member of the police department. It is agreed that if such a proceeding is

quasi-

judicial the action of the board is subject to review and that, if it is executive in its nature, the courts have no jurisdiction to review the action of the board. However, as we view the matter, our decision must be based upon other grounds.

Section 93 of the charter provides: “The chief of police shall have the power to suspend or remove any officer or employee in the Police Department; but no such suspension or removal shall be made except for cause, which shall be stated in writing and filed with said board, with certification that a copy of such statement has been served upon the person so suspended or removed personally, or by leaving a copy thereof at his last known place of residence if he cannot be found. Upon such filing the suspension or removal shall take effect. Within fifteen days after such statement shall have been filed, the said board, upon its own motion, may, or upon written application of the person so suspended or removed, filed with said board within five days after service upon him of such statement, as above provided, shall proceed to investigate the grounds for such suspension or removal. If, in the case of a removal, the said board, after such investigation, shall find in writing that the grounds stated were insufficient, or were not sustained, and also finds in writing that the person removed is a fit and suitable person to fill the position from which he was removed, the said board shall reinstate him in such position, and if, in the case of a suspension, the board, after such investigation, shall find in writing that the grounds stated were insufficient, or were not sustained, the said board shall restore the person so suspended to duty. The order of said board with respect to such suspension or removal shall be final and conclusive. ’ ’