Summary
holding that a Panama City employee who was employed without qualifying for civil service status under Panama City's Civil Service Act, was not entitled to civil servicestatus; noting that to hold that the employee “was entitled to civil service status would flout the mandatory requirements of [the Civil Service Act]”
Summary of this case from City of Miami v. Martinez-EsteveOpinion
January 9, 1951.
Appeal from the Circuit Court for Bay County, E. Clay Lewis, J.
Isler Welch and Charles S. Isler, Jr., all of Panama City, for appellant.
W.L. Fitzpatrick, Panama City, for appellees.
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 meeting 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 the term of office for which said person has been appointed and said employee shall be deemed a member of the Civil Service."
Relator Appellant was employed by Appellee City of Panama City April 18, 1948, long after enactment of the Civil Service Act, without qualifying in any degree thereunder for civil service status; and thereafter he was in continuous employment with the City until April 1, 1950; he did not comply with Section 20 of said Act which prescribes for examination prior to employment; he was not recommended for employment as provided in Section 21 of said Act. Relator bases his claim solely on the proposition that he worked for the City for more than six months. To hold that Relator was entitled to civil service status would flout the mandatory requirements of said Act. The judgment of the lower Court is affirmed.
SEBRING, C.J., and CHAPMAN, ADAMS, and HOBSON, JJ., concur.