Opinion
No. 27445
Decided July 5, 1939.
Civil service — Temporary appointment in classified service — Employee elected as county central committeeman — Acting as officer of political organization or engaging in political activities prohibited — Section 140, Charter of Cleveland — Mandamus denied to compel certifying name on payroll.
IN MANDAMUS.
At the primary election in August of 1938, Walter A. Hein, the relator, was elected to the county central committee of the political party in Cuyahoga county with which he is affiliated, while occupying the position of senior engineering draftsman in the service of the city of Cleveland.
The position of senior engineering draftsman is one in the classified civil service of such city. Before relator's election as a central committeeman he had received temporary appointment to such civil service position, in the absence of a list of eligible appointees.
After his election, the respondents, as members of the Cleveland Civil Service Commission, insisted that he resign his political office and desist from the political activities connected therewith. He refused and the respondents declined to certify his name on the successive payrolls of the department of the city in which he was employed.
This action in mandamus, originating in this court, was brought to compel the respondents to so certify relator's name. The case is submitted upon the amended petition, the joint answer of the respondents, the reply, an agreed statement of facts and a supplement to the agreed statement of facts.
No question is raised in this case of failure to notify Hein of the reasons for removing him, as required by the rules of the Civil Service Commission.
Messrs. Davis Young and Mr. Charles A. Chapla, for relator.
Mr. Henry S. Brainard, director of law, and Mr. Charles W. White, for respondents.
Section 140 of the Charter of the city of Cleveland provides that "no person in the classified service of the city shall act as an officer of a political organization" or engage otherwise in political activities.
The question for determination is whether the relator, holding a temporary appointment under the conditions described, is a person in the classified service of the city of Cleveland within the operation of Section 140 of the Charter.
In line with the holding in the case of State, ex rel. Slovensky, v. Taylor, Dir., ante, 601, it is our opinion that he is, and is therefore subject to the restraints imposed on such persons as a condition of their employment.
Under the circumstances, the respondents properly refused to certify relator's name on the payroll.
The relator is not entitled to a writ of mandamus, and the same will be denied.
Writ denied.
WEYGANDT, C.J., DAY, ZIMMERMAN, WILLIAMS and MYERS, JJ., concur.