State ex rel. King v. Harris

• Decision Date: 09 January 1951
• Citation: 49 So.2d 803
• Parties: STATE ex rel. KING v. HARRIS et al.
• Court: Florida Supreme Court

Page 803

49 So.2d 803

STATE ex rel. KING v. HARRIS et al.

Supreme Court of Florida, Special Division B.

Jan. 9, 1951.

Isler & Welch and Charles S. Isler, Jr., all of Panama City, for appellant.

W. L. Fitzpatrick, Panama City, for appellees.

CLAUDE OGILVIE, Associate Justice.

The Relator Appellant seeks by mandamus the restoration of his employment at the hands of the municipality of Panama City, as a civil service employee after being summarily fired. His Motion for Peremptory Writ notwithstanding the Return was denied, and the cause was dismissed at the cost of the Relator by the lower Court.

The Civil Service Act of Panama City, Chapter 21476, Laws of Florida, 1941, in part provides:

'Section 13. All persons or officers regularly employed on a full time basis in the * * * Street Department * * * on May 1, 1941, and who have been in continuous employment on a regular and full time basis for sixty days prior to May 1, 1941, shall be members of the Civil Service. * * *'

'Section 20. The Board of Civil Service Commissioners shall prescribe examinations in accordance with the Rules and Regulations adopted, and maintain a preferred and and regular list of eligibles of each class of those meetig the requirements of such regulations.

'Section 21. No person shall be employed in the departments affected by this Act other than those provided for in Sections 13, 14 and 15, except upon recommendation of the Board of Civil Service Commissioners; when necessity for employment exists in the departments affected by this Act, a list of three eligible persons for each position to be filled shall be furnished to the City Manager of the City of Panama City, and the position or positions shall be filled by the person or persons being selected from those recommended by the Board of Civil Service Commissioners.'

'Section 23. An appointment, employment or promotion shall not be deemed complete, except as to officers and employees provided for in Sections 13, 14 and 15, until a period of probation of six months has elapsed; and a probationer may be discharged or reduced at any time within the said period of six months by the City Manager or the head of the Department in which the probationer is employed, but if no discharge be made within a period of six months, then said appointment, employment or promotion shall be deemed complete, and shall entitle the employee or appointee, unless sooner removed pursuant to law, to hold said position until the expiration of...