Linkous v. Sunderland

KNIGHT, J.

Plaintiff instituted this proceeding in

man-' 'damus

against defendant as Commissioner of Public Safety' and Welfare of the City of Fresno, seeking to be restored to the position formerly held by him in the police department of said city. Judgment was entered in plaintiff’s favor and defendant has appealed.

The record discloses the following facts: On November 9, 1925, appellant, as the head of the police department of said city, served written notices on respondent and other police officers of said city, including one Nichols, advising them that they were dismissed from said department upon the ground that they had been indicted by the federal grand jury for “felony, to-wit: Conspiracy to violate the National Prohibition Enforcement Act.” Availing themselves of the benefits of certain civil service provisions of the city charter, the officers mentioned answered the charges contained in the orders of dismissal and demanded a hearing before the Civil Service Commission. The latter appointed November 27, 1925, as the time for said hearing, but prior thereto respondent and Nichols, being represented by the same counsel, joined in a written request to said board asking that the hearing of the charges against them be continued “until some date subsequent to the trial” on the federal indictment, which request was granted. The trial in the federal court began on November 30, 1925, and ended in the acquittal of respondent and Nichols on January 28, 1926. On the day following they demanded reinstatement in said department. Thereafter and on February 1, 1926, they were

[7]

served with amended notices of dismissal which contained the additional charge of having received money from persons known to be engaged in the unlawful sale of liquor. They answered the amended charge and the hearing was set for February 17, 1926, on which day and before said charges were heard respondent commenced the instant proceeding in the superior court, and thereupon the board continued the hearing of said charges pending the determination of this proceeding, the trial of which was had in the superior court on February 25, 1926, and judgment entered on March 11, 1926, in favor of respondent, directing that he be forthwith restored to his former position in said department and that appellant issue to him salary warrants covering the period of time from November 9, 1925, to the date of judgment.