Jones v. O'Toole

California Supreme Court Jan 5, 1923 No. S. F. No. 10414.Published

Before: Wilbur, Shaw

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Holding. The court held that the Civil Service Commission acted within its authority under the city charter in granting a three-point promotional credit to veterans on an existing eligible list, and that a candidate on such a list does not possess a vested right that precludes the application of such an amendment.

Issues

Whether the Civil Service Commission had the authority to apply a charter amendment granting veterans' preference credits to an existing eligible list for promotion.
Whether a candidate on an eligible list for promotion possesses a vested right that prevents the application of a charter amendment altering the ranking criteria.

Disposition. denied

Quotations verified verbatim against the opinion

“The demurrer to the petition is sustained and the petition for a writ of mandate is denied.”

Opinion — Shaw

[253]

SHAW, C. J.

This is a proceeding in

mandamus

to compel the respondents, as members of the Civil Service Commission of the city and county of San Francisco, to restore the petitioner to his alleged proper rank on the eligible list of patrolmen eligible for promotion to the position of corporal in the police department and to certify him to the police commission of said city and county of San Francisco ■for promotion to the position of corporal in the police service of said city.

The Board of Civil Service Commissioners, on August 3, 1920, made a list of persons eligible fof promotion to the office of corporal in the police service, ranking them on such list in the order of their relative excellency. James Casey, then a patrolman in the employ of the city, had a rating on said list, at that time, less than that of C. L. Jones. Jones was number 29 thereon and Casey was number 31 thereon. On September 12, 1922, the Civil Service Commission, on ascertaining that he was a veteran of the war of 1917, added three per cent to the rating of Casey thereon, thereby raising his percentage to an amount greater than that of the petitioner. It is this action that the petitioner seeks to have canceled.

An amendment to the charter was ratified by the legislature on January 13, 1921 (Stats. 1921, p. 1797), which provides as follows: Section 22:

“The Civil Service Commission shall by rule establish preference for veterans as follows: In the ease of entrance examinations to establish eligible lists in the Police and'Fire Departments, veterans who become eligible for appointment by attaining the passing mark established for the examination, and whose service as veterans exceeds three months, shall be classified on such eligible lists in the relative order of the individual ratings attained, and ahead of all non-veterans passing such examinations, and shall be eligible for appointment on the basis of such order of standing on such eligible lists. This preference shall expire five years after the ratification of this amendment.

Jones v. O'Toole

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Opinion — Shaw

SHAW, C. J.

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Concurrence — Wilbur

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