Gipner v. State Civil Service Commission

THOMPSON, J. This is an appeal from an order sustaining a demurrer to a petition for a writ of certiorari on the ground that the petition fails to state facts sufficient to constitute a cause of action.

The petition alleges that Bailey D. Gipner is a permanent civil service employee who was designated as manager of the division of state employment agencies of the department of industrial relations, under the supervision of W. A. Granfield, at the city of Stockton. November 22, 1934, written charges for his removal were preferred against him under the provisions of section 14 of the Civil Service Act of California. (Stats. 1913, p. 1035, and amendments thereto; 1 D'eering’s Gen. Laws of California of 1931, p. 621, Act 1400, see. 14.) The petitioner was therein charged with: (a) insubordination, (b) wilful disobedience, (c) improper political activity, (d) [103]failure of good behavior, (e) acts incompatible with and inimical to the public service.

In support of these general charges the following particular specifications were made:

“1. That in the month of November, 1933, said respondent, while on duty as such Manager, wilfully rendered incorrect statistical reports relative to the placing of applicants for work contrary to and in violation of the rules of the Division of State Employment Agencies;

“2. That while on duty as such Manager, respondent permitted the use of registration rolls of unemployed of said Division as a mailing list for political purposes contrary to and in violation of the rules of said Division;

‘ ‘ 3. That while on duty as such Manager, respondent caused two men to be appointed from the CWA and SERA rolls, and as such Manager directed said two men so appointed to advise those applying to said Division for work or assistance concerning their future political attitude; that the aforesaid was the sole duty assigned to said two men so appointed;

“4. That while on duty as such Manager, respondent personally on numerous occasions placed political literature in the waiting rooms of the Stockton Office of said Division;

“5. That on or about September 24th, 1934, respondent, while on duty as such Manager, requested and received complainant’s permission to go to Yosemite Valley in connection with certain official business of said Division; that respondent did not on said occasion go to Yosemite Valley in connection with certain official business of said Division; that respondent did not on said occasion go to Yosemite Valley as aforesaid, but did on said occasion, without the consent of complainant, absent himself from the office of said Division for the purpose of engaging in certain political activities in the City of Woodland, California, on behalf of certain candidates for public office;