Ryan v. City of Everett

209 P. 532, 121 Wash. 342, 1922 Wash. LEXIS 1027
CourtWashington Supreme Court
DecidedSeptember 29, 1922
DocketNo. 17113
StatusPublished
Cited by10 cases

This text of 209 P. 532 (Ryan v. City of Everett) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ryan v. City of Everett, 209 P. 532, 121 Wash. 342, 1922 Wash. LEXIS 1027 (Wash. 1922).

Opinion

Tolman, J.

Appellant, as plaintiff below, by his amended complaint, sought to review the findings and order of the civil service commission of the city of Everett, whereby, after a hearing, he was removed from the position of policeman of such city, and prayed also for reinstatement in his former position, and for the recovery of his salary accruing during the time he was separated from the service. To this amended complaint, the respondent city interposed a demurrer, and the respondent civil service commissioners interposed a motion to dismiss for want of sufficient allegation of facts, which motion was considered and treated as a demurrer. These demurrers were sustained by the trial court, and appellant, electing to stand on his amended complaint, has appealed from the judgment of dismissal which followed.

The governing facts set forth in the amended complaint, so far as necessary to be here detailed, are substantially as follows:

The charter of the city of Everett provides for a civil service commission, and places the members of the police department under and subject to civil service rules. It further provides that all employees, at the time of the adoption of the charter, shall retain their positions unless removed for cause, and that removals shall only be made by the civil service commission after the employee has been suspended by the head of the depart[344]*344ment under which he is employed, charges preferred, and a hearing had. It is further alleged that, on or about January 31, 1921, the commissioner of safety of such city wrongfully attempted to dismiss appellant from his position as policeman, and has since refused to allow him to perform his duties, or to continue in the employ of the city; that the city has refused to pay his salary accruing since the date mentioned, and that on or about February 1,1921, the commissioner of safety filed with the city clerk, as secretary of the civil service commission, a statement and charges as follows :

‘ ‘ Civil Service Commission, Feb. 1st, 1921.
“Everett, Washington.
“Gentlemen: — Patrolman Chris Eyan, Everett Police Department, has been suspended for cause from 8:00 P. M., January 31st, and following statement of charges are hereby filed against him with your honorable body.
“1. Conduct unbecoming a police officer.
“Specifications: (a) — That said Patrolman, Chris Eyan, at divers times during the years 1919 and 1920, in the City of Everett, he being a police officer in the city of Everett, Washington, did solicit and receive money from women who were practicing prostitution; the said women being later arrested and forfeiting their bail on such charge of practicing prostitution.
“(b) — That the said Patrolman, Chris Eyan, at divers times and places within the city of Everett has sold articles of merchandise, canary birds, etc., at extravagant prices to women keepers of rooming houses ; a number of such women having later been arrested on charges of prostitution and have forfeited their bail.
“2. General unfitness for police service.
“Specifications: That the said policeman, Chri°s Eyan, is generally unfit for the performance of duty as police officer, as is shown by the record of suspension for cause taken from the official records:
“(a) October, 1914, suspended from duty for ten days without pay for misconduct.
[345]*345“ (b) October, 1916, dismissed for drunkenness.
“(c) August, 1919, suspended for thirty days without pay for brutally beating a youthful prisoner.
“3. Charge — insubordination and refusal to obey orders.
“Specifications: That the said patrolman Chris Ryan, Everett Police Department, on or about 8 P. M., January 31st, 1921, at Police Headquarters, Everett, "Wash., did willfully refuse to obey the lawful orders of Captain S. M. Mellison, Everett Police Department, to turn in his police star, and police equipment owned by the city of Everett; the said captain being then and there in the discharge of his duty and having notified the said Patrolman Ryan of suspension from duty for cause.
“Patrolman Ryan’s dismissal for drunkenness October, 1916, ended his civil service status when he failed to appeal from such dismissal for said cause. Has appointment in June, 1917, was without regard to civil service regulations and has since so continued.
“C. A. T.: A. S. C. A. Turner, “Commissioner of Safety.”

Appellant, on February 9, 1921, filed with the civil service commission a notice of appeal from the order or statement of suspension made by the commissioner of safety, and thereafter by reason of the issuance of a peremptory writ of mandate sued out in another cause, a hearing was had, after due notice, on April 21,1921, and thereafter continued until April 26, 1921, resulting, on April 29,1921, in written findings and an order made by such commission, as follows:

“This matter coming on regularly for hearing on the 21st day of April, 1921, at the City Hall in the City of Everett, before the Civil Service Commission of the City of Everett, on the suspension of Chris Ryan, a police officer of the said City of Everett. The said Chris Ryan being present in person and by his attorneys Sherwood & Mansfield, and the commissioner of safety, C. A. Turner, being present in person and the said hearing having been regularly continued upon the [346]*346application of the said Chris Ryan to the 26th day of April, 1921, and the said Chris Ryan and the said Commissioner of Safety having submitted evidence at both of said hearings, and from the evidence the said Civil Service Commission makes the following findings, to-wit:
“I.
“That Chris Ryan, while a Patrolman in the Police Department of the City of Everett during the years 1919 and 1920, did sell produce to women conducting hotels in the City of Everett, said women at said time being engaged in the business of conducting houses of prostitution in such hotels, and it being known by the said Ryan that said women were conducting houses of prostitution. It was not established by the evidence that Ryan solicited money from said women.
“II.
‘ ‘ That all of the charges contained in item No. 2 were true and admitted to be true by Chris Ryan, and the said Chris Ryan was punished for the conduct mentioned in said charges by suspension from the service.
“HI.
“That the said Chris Ryan while engaged in his duties as patrolman in the City of Everett did fail and refuse to obey the orders of his superior officers and was guilty of insubordination.
“IV.
“That said Chris Ryan was suspended on January 31, 1921, by C. A. Turner, Commissioner of Safety, of the City of Everett, for good and sufficient cause, and that it is ordered that Chris Ryan be and he is hereby finally discharged and removed as patrolman of the Police Department of the City of Everett, and

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Bluebook (online)
209 P. 532, 121 Wash. 342, 1922 Wash. LEXIS 1027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-city-of-everett-wash-1922.