Arnold v. State ex rel. Mallison

• Decision Date: 30 May 1941
• Citation: 147 Fla. 324,2 So.2d 874
• Parties: ARNOLD et al. v. STATE ex rel. MALLISON.
• Court: Florida Supreme Court

2 So.2d 874

147 Fla. 324

ARNOLD et al. v. STATE ex rel. MALLISON.

Florida Supreme Court

May 30, 1941

Rehearing Denied July 2, 1941.

En Banc.

Waybright & Waybright, of Jacksonville, for plaintiffs in error.

L. R Milton and Austin Miller, both of Jacksonville, for defendant in error.

CHAPMAN, Justice.

This case is before the Court on writ of error to a final judgment awarding a peremptory writ of mandamus issued by the Circuit Court of Duval County, Florida. The peremptory writ commanded the Playground and Recreational Board of the City of Jacksonville to convene and rescind that certain resolution adopted by it under date of May 29, 1940, and to reinstate relator as Superintendent of Recreation and permit the relator to perform all the duties of Superintendent of Recreation and that they cause to be paid the salary of the relator beginning June 16, 1940 and ending July 31, 1940, at the sum or sums per month stated in the peremptory writ.

Chapter 9788 Special Acts of 1923, Laws of Florida, created the Playground and Recreational Board of the City of Jacksonville. The Board had the power to acquire, establish, maintain and construct playgrounds and recreation centers and to employ playground leaders, playground directors, a Recreation Superintendent, and such other officers or employees as the Board deemed proper. The Board was granted the exclusive control over and disbursement of all moneys appropriated and collected and placed to the credit of the Playground and Recreation Fund.

Prior to September 19, 1929, the Board employed the relator as Superintendent of Recreation and he continued to perform and discharge said duties until June 15, 1940. Among the duties of the Superintendent of are, viz.: To obtain recreation workers; to increase their capabilities; promote special events co-ordinate the efforts of specialized workers; plan socials for neighborhood groups and to direct activities as planned; supervise swimming meets, track meets and civil celebrations; assist Federal employees; plan city-wide observances; assist civic groups; serve as adult adviser to Model Aeroplane Club; answer correspondence; co-operate with school authorities in physical education program; lead community singing; arrange for band concerts; develop citizenship in the young by every appropriate means through supervised leisure time activities. The salary of the Superintendent of was fixed by the Playground and Board at the sum of $325.00 per month.

The resolution dated May 29, 1940, adopted by the Playground and Recreation Board, which the peremptory writ commanded the Board to rescind, was to the effect that the position of Superintendent of Recreation does not justify the expenditure therefor and that the money used in the payment of the salary of the Superintendent of Recreation could be used to better advantage in the development of playgrounds and that said position of Superintendent of Recreation as provided for by Section 1 of Chapter 9788, Special Acts of 1923, was unnecessary and unwarranted and that the position of Superintendent of Recreation be abolished as of June 15, 1940.

Chapter 16866, Acts of 1935, Laws of Florida created or established a Civil Service for the employees of the City of Jacksonville. Section 1 of the Act created a Civil Service Board and prescribed the qualification for membership and duration of commission. The Board was to be appointed by the City Commission and confirmed by a majority of all the members of the City Council. Section 3 of said Act divided the employees of said City into the classified and unclassified service. Section 4 of the Act granted the Civil Service Board power to: (a) adopt and amend rules and regulations for the administration of the Act; (b) make investigations concerning the enforcement and effect of the Act and to hear and determine appeals and complaints respecting the administration of the Act; (c) maintain a roster of the officers and employees showing their occupation, compensation and residence; (d) ascertain and record the duties and responsibilities appertaining to all positions and to classify the same; (e) hold competitive tests to determine qualifications of persons seeking employment in the various classes of positions; (f) certify to the appointing authority the names of person or persons highest on the employment or re-employment list for the class; (g) establish records of performance and a system service rating to be used in determining promotions and other purposes.

Section 5 of the Act provided that any person holding a position in the classified service on the 15th day of April, 1935, and having been in the service for a year prior thereto should be retained in the service without performance tests and should be subject to all the provisions of the Act and be regarded as holding their positions under provisional appointment.

The position of Superintendent of Recreation created by Chapter 9788, supra, and to which the relator was appointed and which he held continuously until June, 1940, was employment controlled by the provisions of Chapter 16866, Acts of 1935. Section 7 of the latter Act provides:

'Section 7. With the approval of the Civil Service Board, additional classes may be established for new positions created, or positions not included in any previously established class may be allocated thereto, as the administration may require. Any existing class or classes may be divided, combined, altered or abolished and positions allocated to any class or classes may be reallocated. The appointing authorities shall promptly report to the Board intention to establish new positions that may be classified and allocated, and that certifications may be made or appropriate tests provided for and held for the purpose of establishing requisite employment lists from which appointments may be made as provided in this Act.'

Section 21 of Chapter 16866 grants the power to the appointing authority to suspend or dismiss any subordinate for a cause which would promote the efficiency of the service, but the appointing authority is required to file with the Civil Service Board written reasons for the removal, and charges preferred and a notice of hearing shall be allowed or granted the affected employee. The dismissal order entered by the appointing authority shall be final and not reviewable in any court, but the Civil Service Board shall have the power to reinstate the person removed if it appears, after a hearing, that the removal as made by the appointing authority was forreasons other than a just cause. It further provides that no person in a classified service shall be removed or discharged, except for cause upon written charges, and after an opportunity to be heard in his own defense. The charges can or may be filed against the employee by the appointing authority, citizen or tax payer, and then, it becomes the duty of the Civil Service Board, within thirty days after the answer to the charge is filed, to hear, investigate and determine the merits of the cause or causes for removal or discharge. The Act further provides that the findings and decisions of the Civil Service Board shall be final and not reviewable by any court and a certified copy of the findings shall be presented to the appointing authority, and it shall be the duty of the appointing authority to conform to or enforce the findings and decisions of the Civil Service Board with reference to the removal or discharge of said

Pursuant to the provisions of Section 1 of Chapter 16866, Acts of 1935, the Civil Service Board of the City of Jacksonville investigated the facts and circumstances under which the resolution dated May 29, 1940, as adopted by the Playground and Recreation Board which abolished the position of Superintendent of Recreation, and at the conclusion of the investigation the Civil Service Board adopted the following resolution:

'Whereas it appears to the Board from the testimony of several witnesses and from the statement made by the Chairman of the Playground and Recreation Board that the Playground and Recreation Board was not familiar with the duties performed by the said Nathan L. Mallison, and was therefore not in a position to determine whether or not economy and the general welfare of the City could be promoted by abolishing the position of Superintendent, and

'Whereas, it appears also to the members of the Civil Service Board that the Playground and Recreation Board Members had knowledge of Mr. Byrnes' intention of retiring and leaving the services of the City and in view of this forthcoming vacancy Mr. Mallison would be deprived of an opportunity to participate...