Gibson v. Civil Service Commission

JAMES, J.

Proceeding for mandate to compel the civil service commission of the county of Los Angeles to audit and certify to the demand of petitioner on account of salary claimed to be owing to him as chief probation officer of the county of Los Angeles for the month of January, 1915. A demurrer was interposed to the petition after alternative writ issued, and the matter is submitted for decision upon the questions of law so raised.

The facts stated in the petition are as follows: On the fourth day of March, 1912, the judge of the juvenile court of the county of Los Angeles appointed the petitioner as probation officer and petitioner thereafter qualified and assumed the duties of the office, which he continued to fill up to the eighth day of January, 1915. On the last named day a communication, signed by the judge of the juvenile court and approved by the members of the probation committee, was delivered to petitioner, in which communication, after setting forth certain reasons for the action taken, petitioner was advised that he was dismissed from his position. Refusing to accept the dismissal, petitioner thereafter presented his salary demand to the civil service commission for the month of January and requested that the same be allowed, which request was refused.

The question is squarely presented as to whether the matter of the removal of the county probation officers is one within the power of the judge of the juvenile court and probation committee, or whether, by reason of the provisions of the charter of Los Angeles County adopted November 5, 1912, that power has became vested in the board of civil service commissioners. In the year 1911, at the general election, there was adopted an amendment to the constitution of the state which added section 7y2 to article XI thereof. By, this amendment the counties of the state for the first time were given authority to adopt freeholders’ charters for the purposes of local government. The constitutional provision so adopted was comprehensive to the end that the counties should have the power to provide a complete system for

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the election and appointment of their officers and for the fixing of their compensation. Power was also given to prescribe the duties and authority of boards of supervisors and other county officers, with the limitation expressed as to that matter that such provisions should be subject to and controlled by the general laws of the state. Examining the provisions of the constitutional amendment, it is found, first, that it is made competent for county charters to provide for boards of supervisors, their terms of office, manner of their election, and for their compensation; also to provide for sheriffs, county clerks, treasurers, recorders, license collectors, tax-collectors, public administrators, coroners, surveyors, district attorneys, assessors and superintendents of school, and for their terms of office, the manner of their selection and for their compensation. Similar provision is found with reference to justices of the peace and judges of inferior courts. Subdivision 4 prescribes that such charters may also provide “for the powers and duties of boards of supervisors and all other county officers, for their