Lopez v. Payne

JAMES, J.

Plaintiff prosecuted this proceeding to obtain a writ of mandate to compel defendant county auditor to issue to him a warrant upon the treasury of the county of Los Angeles for the sum of $274.84, alleged to be due and owing to plaintiff for services rendered in his official capacity as constable of the township of San Fernando. Three members of the county Civil Service Commission were made parties defendant for the purpose of requiring

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them to make the necessary certificate that plaintiff was entitled to the compensation demanded. There was a demurrer and answer, and, after hearing had, peremptory writ was issued in accordance with prayer of the petition. Defendants have appealed from the judgment.

It was admitted by the parties and found by the court that the office of constable of the township in question was one which was subject to the regulations of the civil service department of Los Angeles County, under the provisions of the freeholders’ charter and rules of the commission made pursuant thereto. The county charter makes the sheriff of the county the head of the constabulary and gives that official power to appoint the constables. In the charter, and in those provisions establishing the civil service (art. IX, see. 34), authority is given to the Civil Service Commission to make rules and to provide,, among other things, for temporary appointments where no eligible list has been established by examination, and in that connection this provision occurs: “But no such temporary employment shall continue longer than sixty days, nor shall successive temporary appointments be allowed.” The Civil Service Commission in making its rules adopted the following: “Whenever there are urgent reasons for filling a vacancy in any position for which no examination has ever been held, the head of the department may appoint some person to fill the vacancy to serve until an eligible list for such position is created and an appointment made therefrom, or until twenty days after such eligible list is created, if no appointment is made during the twenty-day period.”

Further facts important to the determination of the controversy are: On the 4th of January, 1918, there was a vacancy in the office of constable of San Fernando township and, there being no established eligible list of civil service candidates, the sheriff appointed the petitioner to fill the place. Petitioner accepted the appointment and performed the duties of the office continuously until the 18th of August, 1918. After said appointment the Civil Service Commission, in order to establish an eligible list from which an appointment to the office might be made, caused a competitive examination to be held (in which examination petitioner did not participate, although it is admitted that he had notice of the holding thereof), and