Welch v. The State Board of Social Security & Welfare, Civil 4075

• Decision Date: 13 February 1939
• Docket Number: Civil 4075
• Citation: 87 P.2d 109,53 Ariz. 167
• Parties: OLGA WELCH, Plaintiff, v. THE STATE BOARD OF SOCIAL SECURITY AND WELFARE, W. P. MAHONEY, ETHER HAYNIE, ANGELA HAMMER, M. B. HODGES and BERNARD MacDONALD, as Members of the State Board of Social Security and Welfare; HARRY W. HILL, as State Commissioner of the State Department of Social Security and Welfare of the State of Arizona; HARRY W. HILL, as Executive and Administrative Officer of the State Department of Social Security and Welfare of the State of Arizona; HARRY W. HILL, as Secretary of the State Board of Social Security and Welfare of the State of Arizona; and ANA FROHMILLER, as State Auditor of the State of Arizona, Defendants
• Court: Arizona Supreme Court

87 P.2d 109

53 Ariz. 167

OLGA WELCH, Plaintiff, v. THE STATE BOARD OF SOCIAL SECURITY AND WELFARE, W. P. MAHONEY, ETHER HAYNIE, ANGELA HAMMER, M. B. HODGES and BERNARD MacDONALD, as Members of the State Board of Social Security and Welfare; HARRY W. HILL, as State Commissioner of the State Department of Social Security and Welfare of the State of Arizona; HARRY W. HILL, as Executive and Administrative Officer of the State Department of Social Security and Welfare of the State of Arizona; HARRY W. HILL, as Secretary of the State Board of Social Security and Welfare of the State of Arizona; and ANA FROHMILLER, as State Auditor of the State of Arizona, Defendants

Civil No. 4075

Supreme Court of Arizona

February 13, 1939

Original proceeding in Mandamus. Peremptory writ ordered issued.

Messrs Wilson & Wilson, for Plaintiff.

Mr. Joe Conway, Attorney General, Mr. Earl Anderson, Special Assistant Attornsy General Mr. Edward P. Cline, Assistent Attorney General, and Mr. J. R. McDougal, of Counsel, for Defendants.

OPINION

LOCKWOOD, J.

This is a petition for a writ of original mandamus by Olga Welch, hereinafter called plaintiff, against the State Board of Social Security and Welfare, Harry W. Hill as commissioner of the State Department, and Ana Frohmiller as state auditor, praying that they be directed to issue a warrant to plaintiff in payment for certain services rendered by her to the Maricopa County Board of Social Security and Welfare.

The case involves a consideration and interpretation of chapter 69, Session Laws of 1937, commonly known as the "Social Security Act," and comes before us on an agreed statement of facts. These facts may be summarized as follows John A. Foote, Roy McCarthy and R. M. Jamison composed the Maricopa County Board of Social Security and Welfare, created under the provisions of chapter 69, supra. They had employed plaintiff as a social work supervisor, in conformity with the instructions, rules and regulations relating to personnel theretofore issued by the state board under the provisions of section 8 of the act, and the state board had agreed to pay plaintiff the sum of $165 per month for her services as such social work supervisor.

On December 28, 1938, Harry W. Hill, who was at that time the commissioner of the state department, wrote a letter to the county board calling attention to certain charges made by the Works Progress Administration against plaintiff, and stating:

"... You will please check into this and if you find that this has been done, it is imperative that this party be removed from her position at once.

...

"Please advise me at once as to what action you take in this matter."

On January 5, 1939, the county board replied, stating in substance that they had made a full investigation of the matter complained of, and "... the Board feels that this mistake, which any prudent person might have made, does not warrant dismissal at this time," but adding that the matter was not closed, and if the state board wished a further investigation, it would be glad to assist therein, and if new facts were uncovered which would warrant plaintiff's dismissal, it would be glad to see that the dismissal was made. On January 6th the commissioner replied to this letter as follows:

"Pursuant to the authority vested in the State Board of Social Security and Welfare and the Commissioner by the provisions of Chapter 69, Session Laws 1937, and more particularly the provisions of Subdivision (b) of Section 10, of said Chapter, you are hereby directed to discharge Mrs. Olga Welch as an employee of your department at one, for the reasons stated in my letter to Mr. Finch under date of December 28, 1938.

"In the event that you fail to discharge this party, it will be necessary for me as the executive head of the State Department of Social Security and Welfare, acting under the authority of the Board, to discharge Mrs. Welch, and remove her name from the payroll.

"I shall expect advice from you not later than Monday, January 9, 1939, as to whether or not you have discharged the duties prescribed by this letter."

The next day the county board replied in the following language:

"The Maricopa County Board of Social Security and Welfare feels that you are over-stepping your authority in ordering the Board to discharge Mrs. Olga Welch, an employee of the Maricopa County Department of Social Security and Welfare.

"The Board wishes to call your attention to Chapter 69, Session Laws of 1937 and particularly to Subdivision D. Section 10. The Board also wishes to call your attention to Rule 9 of the Revised Rules and Regulations governing the merit system in the Arizona Department of Social Security and Welfare, May 1, 1938; said rule 9 deals with appointments. Also your attention is directed to Rule 13 of the above mentioned Rules and Regulations, Section 2, which deals with demotions and removals.

"The County Board feels that the power to appoint. demote or remove an employee lies solely within the power of the County Board. Therefore, the County Board refuses at this time to discharge Mrs. Olga Welch, or recognize your authority to do so."

On the 9th the commissioner addressed the following letter to Mrs. Welch:

"Inasmuch as the Maricopa County Board of Social Security and Welfare has failed to function as directed by the State Board of Social Security and Welfare and the Commissioner, I, as the executive head of the State Department of Social Security and Welfare, hereby advise you that your services as social work supervisor are terminated as of this date, and your name has been removed from the payroll of this Department upon the ground of incompetence and negligence in the discharge of your duties, and more specifically for the following reasons:

"First During the months of November and December, you certified to the Works Progress Administration certain individual employees known to you to be on the payroll of the Maricopa County Board of Social Security and Welfare as being eligible to receive clothing distributed by the Works Progress Administration;

"Second Your services as a social work supervisor are no longer of any value to the county or the State Board of Social Security...