State Civil Service Commission v. Hazlett

201 P.2d 616, 119 Colo. 173
CourtSupreme Court of Colorado
DecidedDecember 20, 1948
DocketNo. 16,145
StatusPublished
Cited by14 cases

This text of 201 P.2d 616 (State Civil Service Commission v. Hazlett) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Civil Service Commission v. Hazlett, 201 P.2d 616, 119 Colo. 173 (Colo. 1948).

Opinions

Mr. Justice Hays

delivered the opinion of the court.

Defendant in error William L. Hazlett, to whom we hereinafter refer as respondent, was duly appointed state bank commissioner in June, 1946, and served in that capacity until his suspension March 12, .1948. The position of state bank commissioner is within the classified civil service of the state of Colorado and is subject to the Constitution, laws, rules and regulations applicable to civil service employees of the state. Under the provisions of section 13, article XII, of the Constitution, persons in such classified service are entitled to hold their respective positions during efficient service. The power of removal from such service is vested exclusively by the above section in the Civil Service Commission and can be exercised “only upon written charges” and after an opportunity afforded respondent to be heard.

Pursuant to said constitutional provision, written charges were filed against respondent and a hearing thereon had, at which respondent appeared in person and by counsel. Following this hearing, and in due course, findings were made, the charges sustained, and an order entered by the commission removing respondent from the classified service of the state.

The findings of the commission are as follows:

[175]*175“1. ' That at the time of filing the charges, the. Respondent, William L. Hazlett, was the. duly appointed, qualified, and acting State Bank' Commissioner of .the State of Colorado; that said position of State Bank Commissioner is within the classified Civil Service of the State of Colorado and that the said William L. Hazlett is a person within the classified service of the State of Colorado and amendable to .and subject to the laws, rules, and regulations applicable to Civil Service employees of the State of Colorado.
“2. That on December 3, 1947, the said William L, Hazlett made requisition upon this Commission for the name of a person upon the eligible list for appointment to the position of Bank Examiner I. That thereafter, and on or about February 10, 1948, this Commission certified William J, Milner to said Respondent as eligible for such appointment; that the said William J. Milner presented himself to the Respondent for appointment to the position covered by Respondent’s requisition; tha,t the said Respondent failed and refused to appoint .the said William J. Milner as Bank Examiner I or at all and. that said Respondent as the appointing authority; did not offer an objection in writing based on Article V, Section 4, of at all, all in violation of Article VIII, Rules and Regulations of this Commission.
“3. That on December 3, 1947, the said William. L. Hazlett made requisition upon this Commission for the name of a person upon the eligible list for appointment to the position of Bank Examiner I. That thereafter and on or about February 6, 1948, this Commission certified James M. Mathes to said Respondent as eligible for such appointment; that the said James M. Mathes presented .himself to the Respondent for appointment to the position covered by Respondent’s requisition; that the said Respondent failed and refused to appoint the said James M. Mathes as Bank Examiner I or at all and that said Respondent as the appointing authority did not offer an objection in writing based on Article V, Section 4, or at [176]*176all,- all in violation of Article VIII, Rules and Regulations of this Commission.
“4. Further the majority of the Commission finds from the evidence that the Respondent, William L. Hazlett, has not rendered efficient service in his capacity as State Bank Commissioner, in that it appears from the evidence:
“(a) That in the year 1946 and during the tenure of his office, he failed and neglected to examine or cause to be examined at least twice each year all of the books, records, papers, assets and liabilities of every kind'and character owned by or relating to every bank licensed or chartered to' do business in the State of Colorado;
“(b) That in the year 1947 and during the tenure of his office, he failed and neglected to examine or cause to be examined at least-twice each year all of the books, records, papersj assets and liabilities of every kind and character' ownéd by or relating to every bank licensed or chartered to do business in the State of Colorado;
“(c) That the evidence shows that in the year 1946 and 1947 and during the tenure of his office, Respondent failed and neglected to accept an examination or report of the Federal Deposit Insurance Corporation in lieu of the examination or report required by Chapter 18, 1935 Colorado Statutes Annotated, on a great number of banks licensed or chartered to do business in the State of Colorado, and as a result thereof, said banks and the books, records, papers, assets and liabilities of every kind, and character owned by said banks, were not examined by the office of the State Bank Commissioner during said years 1946 and 1947;
“(d) That in the year 1946 and during the tenure of his office, Respondent failed and neglected to examine or cause to be examined at least once each year, all finance companies and credit unions licensed or authorized to do business in the State of Colorado, contrary to the law in such case made and provided.
“(e) That in the year 1947, and during the tenure [177]*177of his office, Respondent failed and neglected to examine- or cause to be examined at least once each year, all finance companies and credit unions licensed or authorized to do business in the State of Colorado, contrary to the law in such case made and provided.
“(f) That the evidence shows that in the granting or refusal to grant certificates authorizing the opening and operating of banking institutions within the State of Colorado, the Respondent was partial, arbitrary and . capricious, all contrary to the statute in such case made and provided;
“(g) That the evidence shows that the Respondent was uncooperative - with the Civil Service Commission, used abusive and threatening language to Commissioner James H. Steele and failed and refused to recognize the rules and regulations of the Civil Service Commission relative to the appointment of persons on the eligible list to positions in the office of the State Bank Commissioner.
“5. That the good of the service would be best served by the removal of the said William L. Hazlett from the office of State Bank Commissioner.”

Subsequent to these findings and order of the commission, respondent brought this action in the nature of certiorari in the district court pursuant to Rule 106 (a) (4), R.C.P. Colo., praying that the proceedings before the commission be duly certified to the court, and that the commission show cause why its findings and order should not be vacated, and respondent reinstated. In response to the citation, the commission certified its record and proceedings to the district court, and hearing was had, at which the record alone was considered. The trial court found that the commission’s findings 2, 3, 4, and 5, were not supported by the evidence and ordered the same vacated and respondent reinstated. It is this judgment which the commission asks us to. reverse on the writ of error issued herein.

It should be observed at the outset that the con

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201 P.2d 616, 119 Colo. 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-civil-service-commission-v-hazlett-colo-1948.