Jenkins v. Board of Civil Service Commissioners

SPENCE, J.

This is an appeal by plaintiff from the judgment of the trial court denying his petition for a writ of mandate.

[411]

Plaintiff was a civil service employee, classified as a “carpenter foreman”, and was employed as such in the Bureau of Power and Light in the Department of Water and Power. In July, 1928, his employment was terminated because of “lack of funds”. More than two years thereafter plaintiff commenced this proceeding seeking to compel the defendants to give him employment as a civil service employee and to pay him his salary from the time his employment was terminated.

Plaintiff alleged, among other things, that he was not removed because of lack of funds. This was denied by defendants and they affirmatively alleged that at all times since the date of plaintiff’s removal there had been a lack of funds and a lack of work in plaintiff’s classification. Upon the issues thus made the trial court found in part as follows: “That in accordance with said charter requirement, the Board of Water and Power Commissioners duly adopted a budget covering the anticipated revenues and expenditures of the Bureau of Power and Light of the Department of Water and Power for the fiscal year July 1, 1928, to June 30, 1929. That the allocation of funds for purposes requiring the services and employment of Carpenters and Carpenter Foremen of the Bureau of Power and Light under the budget adopted by the said Board for said fiscal year was decreased to such an extent that it became and was necessary, on account of lack of funds and a resulting lack of work, to effect a reduction in the number of employees employed in said Bureau. That the funds covered by the budget for the fiscal years July 1, 1929, to June 30, 1930, and July 1, 1930, to June 30, 1931 respectively, were allocated as to require a continued reduction of the number of employees of said Bureau as aforesaid. . . . That with the reduction of the number of employees in said Bureau for said fiscal year, as aforesaid, it became and was necessary on July 22, 1928, to remove or lay off, due to lack of funds and a resulting lack of work, the said petitioner from his position as Carpenter Foreman. That the Board of Civil Service Commissioners of the City of Los Angeles and petitioner were duly notified that the said petitioner was laid off for lack of funds. That at all times since said date there has continued to be a lack of funds of said Bureau and a corresponding lack of work in the classification to which petitioner was and is certified.”