Adams v. City of Seattle

• Decision Date: 08 July 1948
• Docket Number: 30548.
• Citation: 195 P.2d 634,31 Wn.2d 147
• Parties: ADAMS et al. v. CITY OF SEATTLE et al.
• Court: Washington Supreme Court

195 P.2d 634

31 Wn.2d 147

ADAMS et al. v. CITY OF SEATTLE et al.

No. 30548.

Supreme Court of Washington

July 8, 1948

Department 1

Action by Hugh Adams and others against the City of Seattle, and civil service commission thereof, and others for a writ of mandate to compel the commission to announce the results of an examination for maintenance laborer or to hold another examination and establish an eligible list therefor. From a judgment denying the writ, plaintiffs appeal.

Affirmed.

Appeal from Superior Court, King County; James B Kinne, Judge.

Rhodes & Franklin, of Seattle, for appellants.

A. C Van Soelen and Glen E. Wilson, both of Seattle, for respondents.

SIMPSON Justice.

Plaintiffs as employees of the city of Seattle, sought a writ of mandate to compel the civil service commission of the city of Seattle to either announce the results of an examination for maintenance laborer, or hold another examination, and establish an eligible list for the position, and further, to restrict certification for the position to persons on the eligible list.

After the trial, the court entered judgment denying the writ. Plaintiffs appealed.

The assignments of error are:

'The court erred in entering judgment for the defendants.

'The court erred in denying appellants' motion for a new trial.

'The court erred in admitting in evidence defendants' Exhibit 6 and defendants' Exhibit 8.'

Prior to 1938, the duties now discharged by maintenance laborers were performed by general laborers, the adaptable men being selected by the heads of the city departments. During the year 1938, a private group known as the public administration service, recommended that the duties be segregated, and positions known as laborer, utility laborer, and maintenance laborer, be created. The new positions were created by ordinance.

It is an undisputed fact that the laborer learned his skill while working on the various jobs. Between 1938 and 1946 the civil service commission was continually confronted with the problem of classifying the position of maintenance laborer. At least two examinations were prepared and canceled. Then an examination was prepared, approved, and given by the commission on June 27, 1946. As the result of experience, study, and examinations, the commission on October 16, 1946, concluded that it was not possible to give a practical examination which would fairly test the capacity of the persons examined to discharge the duties to be performed by maintenance laborers. The commission determined that a person qualified as laborer could only demonstrate his adaptability for one of the many types of maintenance laborer positions by service on the job for a period of over two years. The position taken by the commission is best shown by the following excerpt from its report to the city council:

"The Commission then brought up the classification of Maintenance Laborer and after careful consideration, it was regularly moved by Commissioner Cutting that the department's report and recommendations be adopted, said report recommending that--

'1. The results of the recent examination be disapproved;

'2. The examination be canceled;

'3. Steps be taken to return the examination fees of all applicants;

'4. The positions now called Maintenance Laborer for pay distinctions be classified, with respect to civil service examinations, as coming within the class of Laborer;

'5. The three existing specifications for Laborer, Utility Laborer and Maintenance Laborer be rewritten into a single Laborer specification with subgroupings for designating pay rates and combining the duties now shown under the three P.A.S. titles; and

6. The positions called Maintenance Laborer be filled by assignment of regular Laborers, subject to check and approval of the Civil Service Department.

* * *

* * *

'In connection with the Commission's action on this matter, it was further ordered that all existing assignments of regular Laborers to Maintenance Laborer be recognized and that future assignments be limited to Laborers who have had at least two years' regular service, and that no assignments be terminated without approval of the Commission."

The revised specifications ordered by the commission were submitted to the city council January 13, 1947, and adopted.

The civil service code (art. XVI, § 3--Charter) of the city of Seattle provides: 'The Commission shall classify, with reference to the examination hereinafter provided for, all the offices and places of employment in the public service of the city, except the offices and places mentioned in Section 11 of this article. Classifications shall be made so as to place each type of service in a separate group and by dividing each group into grades on the basis of equivalent functions and responsibilities. * * *'

The 1947 salary ordinance (No. 75600) contained the following provisions: 'Section 31. The titles of positions in this ordinance refer to the Class Specifications of the City of Seattle for 1938 (Comptroller's File No. 159718-2), with such changes heretofore or hereafter adopted by the City Council and filed with the City Comptroller and ex-officio City Clerk. Titles and salaries herein shall apply only to those positions having duties within the reasonable scope of the specifications for such positions.'

Rule I of the civil service rules of the city of Seattle provides:

'Class--A group of positions sufficiently similar in respect to duties and responsibilities so that the same title may be applied to each position, substantially the same qualifications may be required, and approximately the same salary range may be applied with equity.

'Classes, Series of--Two or more classes similar as to line of work and differing as to responsibility and difficulty, arranged in a ladder of steps in a normal line of promotion. (Referred to in Charter as 'type of service', and 'same class of service'.)'

Appellants contend that where the position of maintenance laborer has been created by...