Swars v. Council of City of Vallejo

206 P.2d 355, 33 Cal. 2d 867, 1949 Cal. LEXIS 248
CourtCalifornia Supreme Court
DecidedMay 20, 1949
DocketSac. 6007
StatusPublished
Cited by63 cases

This text of 206 P.2d 355 (Swars v. Council of City of Vallejo) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Swars v. Council of City of Vallejo, 206 P.2d 355, 33 Cal. 2d 867, 1949 Cal. LEXIS 248 (Cal. 1949).

Opinions

EDMONDS, J.

By writ of review, William J. Swars is seeking to annul an order of the City Council of Vallejo dismissing him from the police department. The principal grounds of his attack upon the judgment adverse to him are that, because of the denial of a public hearing, the insufficiency of the evidence to support the charges against him, and the [869]*869lack of adequate findings, the municipal officers had no jurisdiction to take the challenged action.

In 1942, the chief of police filed with the city council his recommendation that Swars be dismissed from the police department because of conduct “unbecoming a police officer, such misconduct consisting of unnecessarily and unmercifully beating [Edward J. Verdier] an intoxicated person.” Upon receiving this recommendation, the council adopted a resolution declaring the office of police sergeant held by Swars to be vacant and dismissing him from the service. Pursuant to the requirement of the municipal charter, notice of this action was served upon Swars, who filed with the Civil Service Commission of Vallejo an answer to the charges made against him, asking that his removal be set aside and that he be reinstated in the position held by him. The commission served Swars with notice of the time set for a hearing of the matter with a request that he then present the facts “relative to this appeal. ’ ’ Swars and his counsel appeared at the time stated, but when they found that the commission had unanimously ordered a hearing closed to the public, they withdrew. The commission then proceeded to hear evidence, which was taken down by a stenographic reporter.

The chief of police, the commissioner of public health and safety, several police officers and Verdier testified before the commission and a statement signed by Swars was also received. The witnesses agreed that about midnight Verdier was proceeding on foot along a Vallejo street after a festive evening, when he was stopped and questioned by Officer McCart. Verdier appeared inebriated and used insulting language. McCart arrested him and stopped a police ear which was passing at the time. Verdier was placed in the custody of Officers Robison and Brazil, who took him to the station. The three officers testified that Verdier, very drunk and easily controlled because of that condition, continuously directed opprobrious epithets at them and the police department in general. All of them stated that the prisoner was unharmed at that time.

After the two officers and their prisoner reached the police station, Robison took charge of Verdier. Some difficulty was encountered in holding him, as he was weaving badly. At this juncture, Sergeant Swars joined Robison and Verdier. Swars was carrying a gun and other equipment in his arms. When Verdier addressed him with words of degradation, he commented that it was about time the prisoner “was closing [870]*870Ms big mouth,” or, he added significantly, “I will make it my business to close it for you.” Verdier replied, ‘‘That goes for you, too,” whereupon Swars struck him on the cheek, and then handed his gun and equipment to Robison. As related by Robison, Swars ordered him to open a door leading into the police station. While doing this, he heard scuffling behind him, and, on turning around, he saw Verdier on the floor.

The testimony of Robison and Brazil is that Swars pushed Verdier through the door into the police station, whereupon he fell to the floor. He was then placed in a room in the rear of the station. Policemen at the desk in the station, and also officers who later took the prisoner to the hospital for treatment, testified that Verdier was then bleeding profusely from a gash in his lip which later required four stitches, and was suffering from the loss of two front teeth, one of which was broken off. There was blood on his mouth and chin. The prisoner testified that one lens of Ms glasses was smashed.

After hearing this evidence the Civil Service Commission, by motion unanimously adopted, stated that “. . . we . . . uphold the action taken by the City Council in the adoption of Resolution 28191 N.S., dated October 10th, 1942, wherein the office of Police Sergeant held by William J. Swars is hereby declared vacant and he is hereby dismissed from the services of the City of Vallejo effective the 10th day of October, 1942.”

Upon the filing of the petition for a writ of review, an order to show cause was issued and, at the time set for hearing, following argument of counsel, the petition was denied. The order was reversed with directions to issue the writ and, upon a review of the record of the proceedings of the commission, to determine whether there was evidence to support the charges against Swars. (Swars v. Council of City of Vallejo, 64 Cal.App.2d 858 [149 P.2d 397].) When the superior court considered the evidence presented to the commission, it concluded that neither the council nor the commission exceeded its jurisdiction in discharging Swars.

As justifying a reversal of the judgment, Swars contends (1) that the Civil Service Commission made no written findings and conclusions as required by the charter, and therefore its order is invalid; (2) that the evidence before the commission was insufficient to support a finding that he was guilty of the charges preferred; and (3) that he was denied a fair and public hearing. The respondents argue (1) that the com[871]*871mission made sufficient written findings in that it incorporated by reference the resolution of the city council to the effect that Swars was guilty of . . conduct unbecoming an officer; said misconduct consisting of unnecessarily and unmercifully beating an intoxicated person”; (2) that Swars waived his right to object to the form in which the findings were rendered and failed to exhaust his administrative remedies by his refusal to participate in the closed hearing; (3) that he was given a full and adequate opportunity for hearing as required by the city charter; and (4) that there was sufficient evidence to support the findings of the commission.

The charter of the city of Vallejo provides inter alia: “The City Council is hereby vested with the right to exercise the disciplinary and removal powers hereinafter provided . . . an employee who has been . . . removed from office may file a written demand with the Executive Secretary requesting the Civil Service Commission to review such . . . removal . . . Said Civil Service Commission . . . shall hold a hearing; at which time it shall hear evidence for and against .such employee. Hearing may be conducted informally and the rules of evidence need not apply. Written findings and the conclusions shall be made by the Civil Service Commission within ten days . . . The findings and conclusions of the Civil Service Commission . . . shall be final.” (Art. XX, Civ. Serv., § 11, charter of the city of Vallejo; Stats. 1941, p. 3370.)

The necessity for findings by an administrative agency may rest upon constitutional grounds (Wichita R. & L. Co. v. Public Utilities Comm., 260 U.S. 48 [43 S.Ct. 51, 67 L.Ed. 124]; Mahler v. Eby, 264 U.S. 32 [44 S.Ct. 283, 68 L.Ed. 549]), or, as here, upon a statutory requirement.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Louderback v. Walking U Ranch CA2/6
California Court of Appeal, 2023
Stinson v. LA County Civil Service Com. CA2/5
California Court of Appeal, 2015
Copley Press, Inc. v. Superior Court
141 P.3d 288 (California Supreme Court, 2006)
Caloca v. County of San Diego
126 Cal. Rptr. 2d 3 (California Court of Appeal, 2002)
NBC Subsidiary (KNBC-TV), Inc. v. Superior Court
980 P.2d 337 (California Supreme Court, 1999)
California Aviation Council v. City of Ceres
9 Cal. App. 4th 1384 (California Court of Appeal, 1992)
James v. Board of Dental Examiners
172 Cal. App. 3d 1096 (California Court of Appeal, 1985)
Respers v. University of California Retirement System
171 Cal. App. 3d 864 (California Court of Appeal, 1985)
Grupe v. California Coastal Commission
166 Cal. App. 3d 148 (California Court of Appeal, 1985)
State v. Callaway
268 N.W.2d 841 (Supreme Court of Iowa, 1978)
Jean v. Civil Serv. Comm'n of S.F.
71 Cal. App. 3d 101 (California Court of Appeal, 1977)
Jacobson v. County of Los Angeles
69 Cal. App. 3d 374 (California Court of Appeal, 1977)
McMillan v. American General Finance Corp.
60 Cal. App. 3d 175 (California Court of Appeal, 1976)
Myers v. Board of Supervisors
58 Cal. App. 3d 413 (California Court of Appeal, 1976)
Greer v. Board of Education of Santa Rosa City School District
47 Cal. App. 3d 98 (California Court of Appeal, 1975)
McCartney v. Commission on Judicial Qualifications
526 P.2d 268 (California Supreme Court, 1974)
Civil Service Commission v. Livingston
525 P.2d 949 (Court of Appeals of Arizona, 1974)
CIVIL SERV. COM'N OF CITY OF TUCSON v. Livingston
525 P.2d 949 (Court of Appeals of Arizona, 1974)
Topanga Assn. for a Scenic Comm. v. CTY OF LOS ANGELES
522 P.2d 12 (California Supreme Court, 1974)
Topanga Ass'n v. County of Los Angeles
522 P.2d 12 (California Supreme Court, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
206 P.2d 355, 33 Cal. 2d 867, 1949 Cal. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swars-v-council-of-city-of-vallejo-cal-1949.