Owen v. Bond

Decision Date06 April 1922
Citation91 So. 686,83 Fla. 495
PartiesOWEN et al. v. BOND et al.
CourtFlorida Supreme Court

Error to Circuit Court, Duval County; George Couper Gibbs, Judge.

Proceeding by John S. Bond, as Chairman, and others against Frank H Owen, President, and others, for prohibition to prevent the defendants, as members of the City Council of Jacksonville from exercising jurisdiction to try Frederick C. Roach, as Chief of Police of such city, and for suspension upon charges presented against him by John W. Martin, as Mayor of Jacksonville. A peremptory and absolute writ was granted, and the defendants bring error. Reversed, with directions to quash suggestion and discharge the rule to show cause.

Syllabus by the Court

SYLLABUS

Action of council or city commission, on mayor's order suspending chief of police, is not a judicial or quasi judicial function. The action of the city council or city commission of the city of Jacksonville, in approving or rejecting the act of the mayor in suspending a person occupying the position of chief of police, is not a judicial or a quasi judicial function.

The power of removal vested in the executive department is an administrative act. The power of removal vested in the executive department of government is an administrative act and, where the power of approval or rejection of the action of the executive is placed in a legislative body, it does not thereby lose its administrative character.

Writ will not lie to prevent legislative or administrative branch of city government from approving or rejecting mayor's suspension of city officer. The writ of prohibition will not lie to prevent a legislative or administrative branch of a city government from approving or rejecting the suspension of a city officer by the mayor, as such action is not a judicial or quasi judicial function.

COUNSEL

George M. Powell and John W. Dodge, both of Jacksonville, for plaintiffs in error.

P. H. Odom, of Jacksonville, for defendants in error.

OPINION

BROWNE C.J.

This case is here on writ of error from the order of the judge of the Fourth judicial circuit, granting a peremptory and absolute writ of prohibition against certain persons comprising the members of the city council of Jacksonville----

'prohibiting them from exercising jurisdiction to try Frederick C. Roach, as chief of police of the city of Jacksonville, for suspension upon the charges preferred against him by John W. Martin, as mayor of the city of Jacksonville.'

Section 3 of chapter 8281, Special Acts of the Legislature of Florida of 1919, vests in the mayor power----

'to suspend any city officer for misconduct in office or neglect of duty, reporting his action with his reasons therefor in writing to the next meeting of the city council for its approval or rejection.'

Acting under this provision of law, the mayor suspended Frederick C. Roach as chief of police of the city of Jacksonville and----

'reported his action with his reasons therefor in writing * * * to the city council for its approval or rejection.'

Although we find, in the advisory opinion of the city attorney to the council, the expression that it 'could not legally act as a trial commission,' and a motion by one of the councilmen that the matter be referred to the 'committee of officers and police, that committee to hold a public trial previous to Friday night,' there is nothing in the statute to warrant the designation of the action of the council in 'approving or rejecting' the action of the mayor in suspending a city officer as 'a trial,' in the sense of it being even a quasi judicial proceeding.

From the view we take of this case, we abstain from passing upon other questions raised, because, if the writ of prohibition will not lie to prevent the city council from 'approving or rejecting' the action of the mayor in suspending an officer, it follows that anything we may say upon the other questions would be obiter dicta and not binding upon this or any other court.

The only provision of the Constitution conferring judicial power on municipal officers is----

'The Legislature may establish in incorporated towns and cities, courts for the punishment of offenses against municipal ordinances.' Section 34, art. 5.

It is sought, by defendants in error, to bring the functions of the city council, in approving or rejecting the action of the mayor in suspending an officer, within the evasive term 'quasi judicial,' and it is urged that, if the limitations heretofore placed upon the writ of prohibition be not sufficiently elastic to cover the case under consideration, it be further stretched and extended so as to include it. This we are not prepared to do.

It would be beyond our province, in this proceeding, to determine whether the city council or the city commission of the city of Jacksonville was the proper body to approve or reject the action of the mayor in suspending the chief of police.

What we must first decide is: Was this function, whether exercised by either of these bodies, judicial or even quasi judicial? The fact that the joint action of the mayor and either the city council or the city commission is...

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14 cases
  • State ex rel. Turner v. Earle
    • United States
    • United States State Supreme Court of Florida
    • 27 Febrero 1974
    ...rel. Gillham v. Phillips, 193 So.2d 26 (Fla.App.1966); State ex rel. Ferre v. Kehoe, 179 So.2d 403 (Fla.App.1965); Owen et al. v. Bond et al., 83 Fla. 495, 91 So. 686 (1922). In State ex rel. swearingen et al. v. Railroad Commissioners of Florida, 79 Fla. 526, 84 So. 444 (1920), this Court ......
  • De Groot v. Sheffield
    • United States
    • United States State Supreme Court of Florida
    • 29 Mayo 1957
    ...at the hearing, then its judgment becomes judicial or quasi-judicial as distinguished from being purely executive. See also, Owen v. Bond, 83 Fla. 495, 91 So. 686; Sirmans v. Owen, 87 Fla. 485, 100 So. 734; State ex rel. Tullidge v. Hollingsworth, 103 Fla. 801, 138 So. 372; State ex rel. Ha......
  • Florida Motor Lines, Inc. v. Railroad Com'rs
    • United States
    • United States State Supreme Court of Florida
    • 4 Agosto 1930
    ...from office not involving the exercise of a judicial or quasi judicial function will not be reviewed on writ of certiorari. Owens v. Bond, 83 Fla. 495, 91 So. 686; v. Owen et al., 87 Fla. 485, 100 So 734. No exercise of an executive power or function is involved in this case. See State ex r......
  • Arnold v. State ex rel. Mallison
    • United States
    • United States State Supreme Court of Florida
    • 30 Mayo 1941
    ...... Civil Service Board is administrative or ministerial and not. judicial and cannot be reviewed by the courts. See Owens. v. Bond, 83 Fla. 495, 91 So. 686; Sirmans v. Owen, 87 Fla. 485, 100 So. 734. . . This court, in the. case of State ex rel. Norris v. Chancey, 129 ......
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