186 Iowa 240 | Iowa | 1919
This action is brought in certiorari to test the legality of the action of the civil service commission in discharging the plaintiff as policeman in the city of Des Moines, on the ground that the civil service commission was without jurisdiction to make the discharge, and otherwise acted illegally. The facts appear substantially as follows : .
At the time of the matters hereinafter referred to, the city of Des Moines was a municipal corporation, duly organized under the laws of this state as the same appear in Title V, Chapter 14-0, Supplement to the Code, 1913, and acts amendatory thereof and in addition thereto. The defendant Ben J. Woolgar was then and is now the duly elected, qualified, and acting superintendent of public safety. The defendant 0. C. Jackson was the duly appointed, qualified, and acting chief of police. The defendant the civil service commission was created under the provisions of Chapter 48 of the Acts of the Thirty-second General Assembly and acts amendatory thereof and in addition thereto (Section 1056-a32, Supplemental Supplement, 1915), and the defendants F. 0. Hubbell, Jay Tone, and H. H. Stipp were the duly appointed, qualified, and acting members of the said commission, the defendant F. 0. Hubbell being its chairman.
On and prior to the 6th day of June, 1917, the plaintiff, C. J. Mohr, was a duly appointed and acting member of the police department of said city, and amenable to the provisions of the Civil Service Act. The plaintiff, as a
On the 28th day of June, the commission duly met, and the plaintiff appeared, in response to a letter directed to him and signed by the clerk of the civil service commission, and submitted himself, without objection, to the jurisdiction of the commission, without any further charges made than appear in the letter written by the chief of police, approved by the superintendent of public safety, and filed with the commission. The commission thereupon took testimony in the case, and at the conclusion of the evidence, took the case under advisement.
On the 17th day of July, 1917, the commission held a second hearing in the matter, at which time and place the plaintiff appeared, in response to the following letter:
“July 11, 1917.
“O. J. Mohr,
“Dear Sir:
“You are hereby notified to appear before the civil service commission at 8 P. M. Tuesday, July 17th, at the council chamber, Municipal Building, for a hearing on the charge of misconduct against you in reporting for duty while under the influence of liquor, on the 5th day of June, 1917.
“[Signed] Civil Service Commission,
“Per Its Acting Clerk.”
At this time, the commission proceeded with the hearing of the case, and the following persons testified: C. C.
The defendants demurred to the facts thus alleged, as insufficient to justify the writ, — insufficient as a basis for the writ, — alleging that it appears affirmatively that the commission was within its jurisdiction in making the order. This demurrer was overruled, and the defendants appeal.
It is the contention of the plaintiff that the commissioners, either separately or jointly, and the civil service commission, as a body, had no original jurisdiction or authority to discharge the plaintiff; that no charges were preferred against him, as required by the rules and regulations adopted by the city council; that the only charges made against him were made by the commission, dictated by H. H. Stipp, a member of the commission, in the presence of the chairman, and that both of said commissioners were present at the hearing and took part in the determination of the controversy; that the civil service commission acted illegally, further, in that it appears that the plaintiff had already been punished by suspension for 30 days, without pay, for identically the same act over which the commission assumed jurisdiction; that the commission acted illegally, unjustly, and without due process of law, and deprived the plaintiff of his property interest in and to the pension fund.
The law which provides for the creation of a civil service commission and the appointment of officers to act for it, and prescribes its powers and duties, is found in Section 1056-a32, Supplemental Supplement to the Code, 1915. Subdivision c provides for the removal of officers, and the method of procedure. It reads:
“All persons subject to such civil service examination shall be subject to removal from office or employment by majority vote of such civil service commission for misconduct or failure to properly perform their duties under such rules and regulations as may be adopted by the council.”
The rules formulated by the city council under this provision of the statute, in so far as material to this controversy, are as follows:
“Charges preferred against any member of the police force must be in writing in duplicate and sworn to and affirmed to, but this shall not apply to complaints or charges by any commissioner or the chief or captains who may charge simply in writing. All charges must be filed with the secretary.”
Again:
“Charges against members of the police force must be submitted in writing, directed to the board or the chief, and filed with the clerk of the board, and must clearly set forth the facts which are alleged to constitute the offense charged. When not ■ preferred by a commissioner, chief, captain or sergeant, they must be verified by the affidavit of