90 P. 181 | Or. | 1907
Opinion by
The only question raised by the appeal is the authority of the city council to appoint plaintiff to the place created by the ordinance, defendant claiming that by the terms of Section 306 of the charter the appointment must- be made under the cíaó] service rules of the charter and not by the arbitrary appointment of the council. That section is in the folloiving language:
*532 “Sec. 306. All appointments to and promotions in the subordinate administrative service of the city shall be made solely according to fitness, which shall be ascertained by open competitive examination, and merit and fidelity in service, as provided for in this article. The provisions of this article shall apply to the incumbents of all offices, places and employments in the public service of the. city, except the following: All officers chosen by popular election or bjr appointment by the council, the members of all boards and commissions, the judges and clerks of election, the deputies of the city attorney, the chief deputy of the city treasurer, the city engineer, the chief of police department, the superintendent and the chief engineer of the water department, and the secretary of the civil service commission, the mayor’s secretary, the members of the health department, and the librarian.”
“The mayor shall appoint all officers of the city whose election or appointment is not otherwise expressly provided for in this charter, or by law.”
This section is not intended to place all appointing power in the mayor, but to cover cases of officers not otherwise provided for, and its language does not have exclusive reference to conditions at the date of the charter, but will include subsequent amendments of it, or subsequent laws applicable thereto. In other w'ords, the section refers to conditions as they may exist at the time of the appointment. Further, this section authorizes the mayor to appoint “all officers,” and does not include employees that are not officers. But, when the place is created and is one w'ithin the “subordinate administrative service” made subject to the civil service law, as provided by Section 306, then it falls w'ithin its scope and policy. In People ex rel. v. Roberts, 148 N. Y. 360 (12 N. E. 1082: 31 L. R. A. 399), it is held that the civil service law “constitutes a general system in terms applicable to the w'hole service. It is not limited to any particular department, but is broad‘enough to embrace all. Statutes of this character, framed in general terms, apply to new eases as they arise from time to time that fall w'ithin their general scope and policy. Since the enactment of the civil service laws, new' offices have been created, to which the power to appoint subordinates attached, but it cannot be doubted that this power,
“Sec. 309. The commission shall classify, with reference to the examinations hereinafter provided for, all the offices, places and emploj-ments in the public service of the city to which the provisions of this article are applicable. Such classification shall be based upon the respective functions of said offices, places and emplojanents, and the compensation attached thereto, and shall be arranged so as to permit the grading of offices, places and employments of like character in groups and subdivisions. The offices, places and employments so classified shall constitute the classified civil service of the city; and after the taking effect of this charter, no appointment or promotion to any such office, place or position shall be made, except in the manner provided in this article.”
“See. 314. In the absence and pending the preparation of an appropriate eligible list from which appointments can be made, or, in extraordinary emergencies, to prevent delay or injury to the public business, any office, place or employment in the classified civil service may be filled temporarily by the appointing authority, but not for a longer period than thirty days.”
“Sec. 319. No officer or employee of the city shall draw, sign, countersign or issue any warrant or order for the pajmient of, or pay any salary or-compensation to, any person in the classified civil service who is not certified by the commission to the auditor as having been appointed or employed in pursuance of this article, and of the regulations in force thereunder.”
Thus it appears from Section 309 that Section 306 can only be made operative as to such subordinate offices, places and emjiloyments of the city as have been classified by the civil service commission constituting the “classified civil service,” and provision has been made -for the examination of applicants thereunder. Under the quotation from Section 319 above, one who seeks the auditing and payment of his claim for compensation
The judgment is reversed and remanded to the lower court with directions to sustain the demurrer, and for such further proceedings as may be deemed proper not inconsistent with this opinion. Reversed.