62 N.Y.S. 1097 | N.Y. App. Div. | 1900
The relator, having passed a competitive examination for the place of senior clerk bookkeeper, was the first on the eligible list of the municipal civil service commission for that place; and on the 12th of June, 1899, he received an appointment to the place" of senior clerk in the department of public buildings, lighting, and supplies, taking effect June 13, 1899, with a salary at the rate of $1,000 a year. He entered upon the performance of his duties, but on the 17th of June he was notified that he was no longer required, and was discharged. On the 19th he demanded to be reinstated because he had been wrongfully removed, without being afforded an opportunity to make an explanation. This demand was refused, and he then made application for reinstatement by mandamus, which was denied, and from the order so denying this appeal is taken.
The “White Law,” so called, had gone into effect on the 19th of April, 1899, and was applicable to the city of New' York. No rules had been made as required by that statute, but before that time rules had been made in accordance with the provisions of sections 123 and 124 of the charter, and it was assumed by the parties to this proceeding that these rules were in force at the time of the relator’s removal. We shall concur in that assumption, without further consideration of the point. The case of People v. Knox, 45 App. Div. 518, 61 N. Y. Supp. 469, did not determine that the rules in existence at the time of the passage of the White act. had been abrogated. The question was not presented. The relator in that case, who was not upon any eligible list, claimed that he had been properly appointed, because the rules in force at the time of passage of the act had been abrogated, and no other rules had been made. It was quite clear in that case that if these rules were in force his appointment was invalid, and the discussion was directed to showing that, even if his contention was correct, his appointment was nevertheless invalid. Nothing was decided, and it was not necessary to decide anything, as to the
“ ‘The relator was not removed from any position. He was properly and legally appointed to the position of special agent for the term of three months, and at the expiration of his term the state commissioner of excise declined to make an absolute appointment. * * * We are of the opinion that the relator has not been removed from a position or employment, within the meaning of chapter 821, Laws 1896, and hence that the order should be affirmed, with costs.’ The above quotation shows what was intended to be decided.”
So far as any inference is to be drawn from what is said in that case, it is that the probationary period for which Sweet was appointed was a fixed term, and to that extent the opinion supports the contention of the relator here. The question then is whether the probationary period affords to the appointed person a fixed time during which he may familiarize himself with the duties of his position; become acquainted with his head and the other persons with whom he has to work; affords an opportunity for the head and the other persons to become acquainted with him, and to ascertain fully his fitness for the position, and whether or not, upon the whole, he is likely to be a ■desirable officer,—or whether, on the other hand, the head of the department appointing him may at once remove him,’without giving any excuse or reason. The object of the probationary period is twofold:
Order reversed, with costs and disbursements, and writ granted, with $50 costs. All concur.