Borch v. City of Los Angeles

VALLÉE, J. Appeal from a judgment ordering that a writ of mandate issue directing the members of the Board of Building and Safety Commissioners of the City of Los Angeles, referred to as the “Board,” to reinstate petitioners below, respondents here, as Examiners of Motion Picture Projectionists, in the employ of the city.

The petition for the writ alleges these facts. In January, 1934, after a civil service examination for the position of Examiner of Motion Picture Projectionists, respondents were duly certified as having passed the examination and as eligible for permanent appointment by the board. Thereafter the board appointed respondents as such examiners and they acted as such and as permanent employees in the classified civil service of the city and were paid their salaries each month from March, 1934, until January, 1948. About January 5, 1948, the board adopted the following resolution: “Whereas it is the adopted policy of this Board to cause all examining Boards under its jurisdiction to be composed of one representative of labor, one representative of management, one member of the Department of Building and Safety. And whereas it is necessary to reorganize the Examiners of Motion Picture Projectionists to conform to the adopted policy therefore be it resolved that the committee known as the Examiners of Motion Picture Projectionists be hereby dissolved effective January 6, 1948, and the members instructed to hold no more meetings, further pending reorganization of the committee examinations will be held by this Board with the Superintendent of Building delegated to conduct the required tests, and further that the Superintendent of Building prepare and submit rules and regulations for the conduct of the examinations. ’ ’ On January 6, 1948, each respondent received a notice from the board, purporting to discharge each of them from their employment, which reads as follows: “Pursuant to the action taken at the meeting of January 5, 1948, the Board of Building and Safety Commissioners have dissolved the committee known as the ‘Examiners of Projectionists.’ Future examinations are tó be conducted by the Board of Building and Safety Commissioners as specified in Section 96.08 (L) of the Municipal [460]Code. This action is to be effective January 6, 1948. This will serve as a notice to the members of the above committee that there will be no more meetings of said committee.” No copy of this notice was filed with the civil service commission. On January 12, 1948, the board adopted the following resolution: “Report was received and filed from the examiners of Motion Picture Projectionists, Pile 2267-117, regarding meeting held January 12, 1948, finding that a Board consisting of Electrical Inspectors had been instructed to conduct the examinations for motion picture projectionists. ” On January 15, 1948, the board adopted the following resolution: “Report was received and filed from the Chief of Mechanical Bureau with revised rules and regulations for the examinations of motion picture projectionists, these were adopted and previous rules and regulations were cancelled.” Respondents were not served with a written notice of charges against them, and the board did not at any time file with the civil service commission a written statement of any charges “or of reasons for any discharge or removal or suspension or lay-off, or abolition of office concerning the petitioners.” Thereafter the board wrongfully refused to employ respondents or to utilize their services as such examiners or to pay them their salary, and wrongfully terminated their employment. Respondents are ready, willing and able to perform all of the services of the position. On January 12, 1948, the board appointed certain electrical inspectors as Examiners of Motion Picture Projectionists and these appointees have since acted as such. About January 22, 1948, respondents made application to the civil service commission for reinstatement and the civil service commission informed them it had no jurisdiction. A request for reconsideration was denied by the commission on May 5, 1948.