State ex rel. Schussler v. Matthiesen

• Decision Date: 07 March 1946
• Docket Number: 29781.
• Citation: 24 Wn.2d 590,166 P.2d 839
• Parties: STATE ex rel. SCHUSSLER v. MATTHIESEN et al.
• Court: Washington Supreme Court

166 P.2d 839

24 Wn.2d 590

STATE ex rel. SCHUSSLER v. MATTHIESEN et al.

No. 29781.

Supreme Court of Washington

March 7, 1946

Department 1

Certiorari proceeding by the State, on the relation of William F Schussler, against John L. Matthiesen and others, as the Civil Service Commission of the City of Spokane, and such city for review and reversal of the commission's decision dismissing relator from his position as a city police officer. From a judgment sustaining the decision and dismissing the proceeding, relator appeals.

Affirmed.

Appeal from Superior Court, Spokane County; Ralph E. Foley, judge.

Garvin & Frissell, of Spokane, for appellant.

G. M Ferris, Corporation Counsel, B. A. Farley, and Paul F Schiffner, all of Spokane, for respondents.

SIMPSON Justice.

This appeal results from a certiorari proceeding in the superior court of Spokane county, wherein appellant sought review and reversal of a decision of the civil service commission of the city of Spokane, dismissing appellant from his civil service position as a police officer of the city of Spokane. A trial in the superior court upon the record of the hearing had Before the commission, resulted in a judgment sustaining the action of the civil service commission, and dismissing the court proceedings with prejudice. Appellant in his appeal to this court makes the following assignments of error:

(1) In making certain findings of fact and conclusions of law, and,

(2) In entering judgment for the respondents and against the appellant.

The facts relating to appellant's dismissal are as follows:

The appellant had been, prior to his dismissal, a police officer of the city of Spokane for about eight years. On March 20, 1945, the commissioner of public safety dismissed appellant, and, in so doing, gave the following reasons:

'Order of Suspension and Reasons Therefor.

'It having been brought to the attention of the Commissioner of Public Safety that William F. Schussler, employed as a patrolman in the Police Division, had been guilty of conduct in violation of the rules of the Department and detrimental to the public service; and it appearing to the Commissioner of Public Safety, after a full and impartial investigation of said matter, that the said William F. Schussler, on or about the 19th day of March, A. D. 1945, at the Police Station was guilty of conduct unbecoming an officer or employee of the city, did violate reasonable directions given him by his superior officers amounting to acts of insubordination and to disgraceful conduct, was wantonly offensive in his conduct and language toward his superior officers and other employees of the Police Division, and that he is incompetent to perform the duties of his position.

'And it further appearing to the Commissioner of Public Safety that said conduct was in violation of the rules of the Department and detrimental to the public service, and that for the reasons above stated the said William F. Schussler should be suspended from his said employment, with loss of salary, subject to an appeal to the Civil Service Commission:

'Now, therefore, by reason of the premises, it is hereby ordered that the said William F. Schussler be, and he is hereby, suspended from his said employment; that his salary cease from this date, and that, unless he appeals from this Order to said Commission within ten days from the date hereof, the reason for his suspension herein stated may be taken as confessed by said Commission, and his absolute discharge by it ordered.'

The order of suspension was filed with the civil service commission. Appellant demanded a bill of particulars, and that the order be made more definite and certain. The information was given in the following language:

'That at the time and place mentioned in the order of suspension herein, the said William F. Schussler was directed by Sergeant D. A. Mangan to report in at the end of his shift as all patrolmen are required to do, and that he refused to obey said order. That Sergeant Mangan directed him to report to Capt. J. J. Fuchs, which he refused to do. That Capt. Fuchs and Sergeant Mangan directed Officer Schussler to quiet down and leave th station, which directions he refused to obey, and that Sergeant Mangan directed him to report to the office of the Chief of Police, which directions he indicated he would or would not obey as he saw fit. That the said Officer Schussler berated Sergeant Mangan and indicated a desire to fight him, that he laid hands upon Officer Lussier and invited him outside to fight. That during all of said time the said Schussler was loud, belligerent and insolent, and, addressing remarks to the police officers present, called them liars, crooks and perjurers, and said that they all belonged in jail.

'That the officers present were George M. Scotten, E. L. Connelly, Sergeant D. A. Mangan, Capt. J. J. Fuchs, Don Lussier, E. W. Kenworthy, W. J. Alton and D. C. Moulton.

'That the said Schussler is incompetent to perform the duties of a police officer of the City of Spokane because he is not temperamentally suited therefor, that he is unwilling to obey reasonable directions given him by his superior officers and is unwilling to act in harmony with other members of the department.' The facts as presented to the commission may be summarized as follows:

At one time appellant refused to check in when he came off duty, and when asked to do so became angry and said it was not necessary for him to check in, started swinging his arms, and said to another officer that he would clean the officer's clock if it was not for 'the brass.' After that, on the same day, appellant made the remark to another officer: 'You are cheap petit larceny.'

The appellant then talked to the captain of police, and began an argument with him. On another occasion, appellant was abusive, insolent, and refused to obey orders. The story of what happened is best told by Captain James Fuchs in a statement made by him on March 19, 1945, concerning appellant's conduct on that date.

'March 19th, 1945.

'1:20 A.M.

'Chief of Police:

'At about midnight I heard some very loud talk in the hall near the drill hall, and went there to investigate. As soon as I left the booking room I heard Officer Schussler berating Sergeant Mangan, and the first remark I heard was 'I've cleaned your clock Before and I'd clean it right now if it wasn't for your brass.' I told Officer Schussler to go home and avoid trouble, but he refused to leave, stating 'I'm not working for you and you can't order me out, I can stay here all night and if you don't like it you can lump it.' He then began a long tirade about the Civil Service hearing where everybody perjured themselves and gave everyone in the Station to understand that after June 4th he would show all of us a thing or two, accused me of giving him a 'shitty' deal but that I didn't get away it. I admonished him to be careful about his accusastions, and to be especially sure to remember what he had said and was going to say, and not do as he did once Before and call everyone a lier. His answer to that was for me not to forget what would happen to all of us when Payne took office, and that he was here, and what made me mad was the fact that I couldn't do anything about it. In his talking he waved his arms in a fury that would do justice to a mad man, and several times came close to my glasses with his hands. I told him to quiet down and quit his raving, that there was no one afraid of him and that he had nothing to gain by spouting off in such a manner and the only way to avoid further trouble was to leave the station. Not satisfied to do as I said he let go the statement that 'all you guys are nothing but a bunch of liars' and Officer Lussier who had been listening in on the argument stepped up and asked him if he thought he was a little tin God? One word brought on another and a near fight was

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