City of Ukiah v. Board of Trustees of Municipal Libraryof City of Ukiah
| Decision Date | 01 September 1961 |
| Citation | 195 Cal.App.2d 344,15 Cal.Rptr. 811 |
| Court | California Court of Appeals Court of Appeals |
| Parties | CITY OF UKIAH, a Municipal Corporation, Plaintiff and Respondent, v. BOARD OF TRUSTEES OF the MUNICIPAL LIBRARY OF the CITY OF UKIAH and Marian Marvin, Librarian, Defendants and Respondents, George Fones, an individual, Defendant and Appellant. Civ. 10009. |
Timothy W. O'Brien, Ukiah, for defendant-appellant.
John E. Nelson, Ukiah, for defendants-respondents.
Harold A. Irish, Ukiah City Atty., Ukiah, for plaintiff-respondent.
The City of Ukiah instituted the present proceeding in declaratory relief to determine if one George Fones, who was employed as a janitor by the city library, was an employee of the city and hence, came within the provisions of its civil service act. The trial court found that Fones did not come within the said act and he alone appeals.
At the time of the adoption of the ordinance creating a civil service system for the city, and for several years prior thereto, Fones had been employed by the board of trustees of the library as a janitor. On June 9, 1959, he was summarily dismissied by the librarian and the board. His appeal was heard by the city council, which found that he was a civil service employee and ordered that he be restored to his position as a janitor. The board and the librarian refused to reinstate him as ordered, whereupon the city brought the present action.
The trial court concluded that Fones was not an employee of the city, but rather was an employee of the library, since the provisions of the ordinance creating the civil service system did not specifically include library employees.
Section 3 of the city ordinance creating the civil service system provided as follows: (Emphasis added.)
However, section 45005 of the Government Code provides in part that such an ordinance '* * * shall designate the departments, and the appointive officers and employees who shall be included * * *' in the system.
And section 45002 of the same code provides that a city may adopt a civil service system which '* * * may include the librarian, secretary, and other officers and employees, * * * of the public library * * *.'
It would thus appear that if it can be said that Fones was an employee of the city at the time of the adoption of said ordinance, despite the failure to designate severally the departments and employees to be included, or specifically to include library employees, then it follows that he came within the provisions thereof and hence, his summary dismissal was improper.
Under the provisions of Education Code, section 27301, a municipal library may be created by an act of the local legislative body. The trustees, who are appointed by the head of the municipality with the consent of the legislative body, may adopt rules and regulations for its administration and management (section 27360) and may appoint officers and employees who hold their offices at the pleasure of the board (section 27362). The annual reports of the library are made to the local legislative body and that state librarian (section 27368). To support the libary, the legislative body of the municipality may levy a tax (section 27401) and the revenues therefrom are placed in a special fund (section 27402). The title to any property acquired for library purposes vests in the name of the municipality; it is also provided that the library may sue or be sued in the name of the municipality (section 27453). Lastly, the library may be discontinued by repeal of the ordinance creating it, and upon repeal '* * * the library is disestablished in the municipal corporation.' (Section...
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City of Ukiah v. Fones
...board. On appeal, however, the judgment was reversed and Fones was held to be a civil service employee. (City of Ukiah v. Board of Trustees (1961) 195 Cal.App.2d 344, 15 Cal.Rptr. 811.) The case then returned to the trial court for a determination of Fones' rights to back salary and to rein......
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Wash v. Wash
..."'all'" is "'the whole of,'" "'the greatest quantity'" or "'every member or individual component thereof.'" (City of Ukiah v. Board of Trustees (1961) 195 Cal.App.2d 344, 347 [drafter could not have chosen a more inclusive word].) As a result of the settlement agreement's use of the terms "......
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City of Ukiah v. Fones
...of the city, but was an employee of the library board and held his position at its pleasure. In City of Ukiah v. Board of Trustees, etc. (1961) 195 Cal.App.2d 344, 15 Cal.Rptr. 811, this judgment was reversed, the appellate court holding that Fones was a civil service employee under the civ......
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...thereof.'" (City of Ukiah v. Board of Trustees, supra, 195 Cal.App.2d at p. 347.) A drafter "could not have chosen a more inclusive word." (Ibid.) A dictionary definition "all" is "1. Wholly, entirely, or exclusively." (Webster's New World Dict. (2d college ed. 1982) p. 36.) Based on these ......