Wilson v. Department of Public Works

WOOD (Parker), J. Petitioner, who was discharged from his civil service position in the Department of Public Works of the City of Los Angeles, sought an alternative writ of mandate in the superior court compelling his reinstatement in the position. Respondents are the Department of Public Works of the City of Los Angeles, and Grant H. Flint, “Superintendent”; the Board of Civil Service Commissioners of the City of Los Angeles, and the individual members of said board. There was no hearing in the superior court. The petition for the writ was denied. Petitioner appeals from the judgment (minute order).

Appellant contends that respondents abused their discretion in discharging him and that the court erred in denying the writ.

[153]Respondents contend that since petitioner did not allege that he had filed a demand for reinstatement with the hoard of civil service commissioners, as required by section 112% of the charter of the city of Los Angeles, he failed to state a cause of action, and that it appears that the relief sought is barred by laches.

The petition which was filed April 14, 1955, states, in substance: On May 7, 1951, petitioner was employed as a. ref use collector by the department of public works, and he attained permanent status under civil service regulations of the department. About March 16, 1954, he was arrested and “charged with suspicion of Burglary.” About 3:45 p. m. of that day he caused notice of his “incarceration” to be given to “respondent.” On March 17, 1954, petitioner was released from custody and the charges against him were dismissed. On March 18, 1954, petitioner reported for work and was permitted to enter upon his usual employment pending final decision in the matter “by the said respondent.” On March 31,1954, he was discharged from his employment by the board of public works on the alleged grounds of “Frequent unauthorized absences and tardiness; and failure to improve despite numerous warnings.” Thereafter petitioner appealed “the discharge” to the board of civil service commissioners and on April 29, 1954, a hearing was held before Commissioner Callicott.

The petition states further that at said hearing the following testimony was adduced: Respondent Flint testified that petitioner was employed from June 8, 1950, until October 28, 1950, as a truck operator “to work temporarily in vacation relief”; during this period petitioner had been absent on three occasions; petitioner had been reappointed to the department on May 7, 1951, as a refuse collector and was so employed until his discharge on March 31, 1954. There was further testimony that during this three-year period petitioner had been absent on two occasions and tardy on four occasions; on each occasion he was given a warning notice by his supervisor; petitioner’s last absence, prior to his “incarceration,” was on July 29, 1953, at which time a warning notice was given and a letter was written admonishing petitioner that unless immediate improvement was forthcoming disciplinary action would be taken.