Nunes v. Board of Civil Service Commissioners

McCOMB, J. This is an appeal from a judgment of the superior court in a certiorari proceeding refusing to annul an order of the respondent board of civil service commissioners which sustained the discharge of appellant from a position in the classified city service.

Statement of Facts

Prior to June 10, 1946, appellant occupied a position in the classified service of the city of Los Angeles as senior sanitation inspector of the department of health. On .June 10, 1946, he was discharged from such position by the health officer of the city. The discharge was effected under section 112 (a) of the city charter1 (Stats. 1925, p. 1067) by the filing on that date with the respondent board of a written statement of the charges and of the causes therefor, with a certification that appellant could not be found and that a copy of such statement had been served upon him by leaving a copy thereof at his last known place of residence.

Thereafter a hearing upon the charges was conducted before respondent board at which hearing evidence was received, and appellant appeared, testified, and with his counsel cross-examined the witnesses. After the hearing on November 15, 1946, respondent board entered its order that appellant’s discharge be sustained.

[635]Question's Presented por Determination

First: Did the health officer have authority to discharge appellantf

This question must be answered in the affirmative. Section 79 (Stats. 1925, p. 1058) of the city charter provides that the board of health commissioners shall appoint a general manager of the department who shall be the chief administrative officer of the department. Under section 151 (Stats. 1925, p. 1079, as amended, Stats. 1937, p. 2860) the health officer of the city is the general manager and chief administrative officer of the health department. Section 80 of the charter (Stats. 1925, p. 1058) provides that the general manager of each department shall have the power, subject to the provisions of the charter, the rules of his department and the instructions of his board, “To appoint, discharge, suspend,, or transfer the employees of the department, other than the secretary of the board and the chief accounting employee of the department, and to issue instructions to said employees, other than' the secretary and the chief accounting employee, in the line of their duties, all subject to the Civil Service provisions of the charter.” Under section 5 of the charter (Stats. 1925, p. 1039) the health officer is an officer of the city who has the power to discharge employees in the health department other than the secretary and the chief accounting employee subject only to the rules of the health department and the instructions of the board of health commissioners.