DeLaney v. Bd. of Fire Com'rs of Detroit

• Decision Date: 01 October 1928
• Docket Number: No. 163.,163.
• Citation: 221 N.W. 283,244 Mich. 64
• Parties: DELANEY v. BOARD OF FIRE COM'RS OF CITY OF DETROIT.
• Court: Michigan Supreme Court

244 Mich. 64

221 N.W. 283

DELANEY

v.BOARD OF FIRE COM'RS OF CITY OF DETROIT.

No. 163.

Supreme Court of Michigan.

Oct. 1, 1928.

Certiorari to Circuit Court, Wayne County; Guy A. Miller, Judge.

Mandamus by George W. Delaney against the Board of Fire Commissioners of the City of Detroit to require plaintiff's reinstatement in the fire department. Judgment granted the writ of mandamus, and defendant brings certiorari. Reversed.

Argued before the Entire Bench.

Frederick McGraw, of Detroit, for relator.

Walter E. Vashak, Asst. Corp. Counsel, of Detroit, for respondents.

Paul T. Dwyer, Asst. Corp. Counsel, of Detroit, amicus curiae.

McDONALD, J.

Prior to July 7, 1927, the plaintiff was a ‘fire fighter’ in the fire department of the city of Detroit. He was discharged by the board for ‘intoxication and for the good of the service.’ On appeal to the civil service commission, his reinstatement was ordered. The defendant refused to reinstate him. Mandamus proceedings were brought in the circuit court. On the hearing, it was ordered that the writ issue. The defendant seeks to review this order by certiorari.

The question before us is as to the authority of the civil service commission in its review of appeals involving the discharge of employees by departmental heads.

The civil service commission's authority in respect to such appeals is derived from the following provision of the city charter:

‘No person shall, for political or religious reasons, be discharged from the classified service, or reduced in pay or position, or suspended by the departmental head appointing him. In every case of reduction or suspension for more than thirty days and in all cases of discharge, the appointing officer shall furnish the subordinate reduced, suspended or discharged, also the civil service commission, with a copy of the order of removal and his reasons therefor. The commission may, and upon the written request of the subordinate made within ten days, shall investigate. If it shall find as the result of such investigation that the discharge, reduction or suspension was made for political or for reasons other than the good of the service, it shall so report to the departmental head, and the person so discharged, reduced or suspended shall thereupon he entitled to resume his position and to receive compensation for the time lost.’ Section 18, chapter 2, title 4, Detroit City Charter.

Under this provision of the charter, upon hearing an appeal the civil service commission is limited to the determination of two questions:

1. Was the employee discharged for political or religious reasons, or

2. Was he discharged for other reasons than the good of the service.

In this case the plaintiff was charged with intoxication. After a trial before the board of fire commissioners in which he was represented by counsel, the board found him guilty and discharged him from the service. He appealed to the civil service commission. It conducted a hearing on the merits of the case, determined that he was not intoxicated as charged and ordered his reinstatement. Out of these facts the question arises whether the civil service commission is empowered by the charter to retry the case and to reverse the findings of the board of fire commissioners on the question of the guilt to an employee who is charged with an infraction of its rules.

The board of fire commissioners has the power of appointment and the power of removal for any reason not prohibited by the charter. It alone is given jurisdiction to try the question of guilt or innocence on specific charges made against its employees. It is required to give the party charged a...