The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-14

City Commissioners and Civil
Service Board Don't Agree.
Board Holds Policemen Cannot
Be Fired Without Cause.

commissioners
board don't agree? Police matron,
sanitary sergeant have stepped aside
and left three police sergeants in the
limelight. The civil service commits
sion has referred the names of Dan
Garden, Rufus Frazer and Otto Ander-
son to the city board with instructions
to reinState them or prefer charges
The matter will be discussed at a
special meeting called by the city faith
ers tomorrow at O'Clock. The civil
service board, unanimous in their de-
mand that the officers be reinstated,
base their opinion on the following or
dinance in the city statute book:
''All persons subject to civil service
examination shall be subject to removal
from office or employment by the city
commission for misconduct or failure
to perform their duties under such
rules and regulations as it may adopt"
The reinstatement of the officers has
not taken place. The only mention of
them in the commission chamber was
made by Mayor Cofran.
There are three ways to get rid of
them,'' he observed lone, their resig-
nation; two, under provision of the
commission law; three, to bring
charges against them"
The three sergeants, who were dis
missed last week, were replaced by
First Sergeant Ross and Walter Bry-
ant. Their appointments were rescin6
ed by the civil service; the positions
have remained vacant for several days.
What's to be done?
The following set OF rules, which
have been unanimously approved by
the civil service board but not yet pre-
sented to the city commission, were
compiled by DIR. Charles NJ. Sheldon,
secretary of the civil service this morn
ing:
This commission has had filed be-
fore it an appeal from certain en-
ployees under it's appointment in the
police force who have been discharged.
The appeal to this board is based on
the ground that discharge was made
without cause.
1.-The law which governs the action
of the civil service commissioners in
these cases is very vague and ambigu-
Gus. In addition to this fact, the
statute of the state law gives the mayor
full power to discharge or suspend any
employee in his department without
cause. This is the opinion of the city
attorney as stated to the civil service
commission. 5...-
I'm the case of these officers for
whom appeal has been made the mayor
has already discharged them, acting
under instructions from the city attor-
ney and in accordance with the state
law, which does not coincide with the
law which governs the civil service
commission. i41,
Under these conflicting rules, this
board sees no way in which it may
reply to this appeal except to be
guided by it's own law which holds as
an underlying principle of all civil
service rules, that no employee shall
be removed with5aTts eeause-=-zf --tlle
mayor removes employees, acting on
the statute, the civil service board has
no such law to govern its action, and
therefore, will refer these appeals to
Iii hi 70 roll CT a
these men or prefer charges.
eff the mayor, acting on the city
opinion, discharges or re-
moves employees without cause, that
is entirely outside of the civil service
commissions jurisdiction. But under
the present ambiguous construction of
the law we see no other just or hon
est course for this civil service COM
mission to take.
This case illustrates the need of a
revision of the law in such cases and
this board expresses the hope that
such revision will be made as soon as
possible so that there may be no ambl-
guilty and no conflict between the
statute and the law governing the
civil service board as there is at pres
ent.
I'm this connection, the civil service
consider it pertinent to
any way reflect upon the action of the
mayor or the chief of police, who
have acted in good faith and under
statute law in removing these en-
ployees. This board is in complete
sympathy and harmony with the
mayor, the chief of police, the city
and the entire city ad-
in their efforts to adj |
in elevating and strengthen |
ing its police department. We have
drawn up and unanimously
adopted a stringent set of rules for the |
n 70 fha
and the commission. We shall do all |
in our power to prevent unworthy APP |
plicants to the police force being APP |
pointed, and we shall cooperate in |
of the city administration to |
le1p make Topeka the best city in the |
United States"
The resignation of ]. L. Pugh, city /
sergeant was read and ac-
cepted by the board today. 1t is ex-
oected that J. r. Ramsey, who took |
lis civil service examination on Sat
Irday, will be named for the office |
tomorrow morning.
A special meeting was called at 10 |
extension of the White Way on Sew
enth street between Kansas avenue |
and Quincy. No compliments, how |
ever, appeared. The extension, ac- |
,ording to Frank Newland, commits
sioner of electric lights, cannot be |
made until the new dynamo, expected |
to arrive in May, has been installed at |
he plant.
Commissioner Porter has received |
90 many complaints concerning dogs |
without licenses that he has interview |
I'd the city attorney on the point. The |
ordinance provides that the tax be
paid before the 1st of April, but that |
he keeping and harboring of dogs
Without registration shall not become
violation of the ordinance until after |
he LIST of May. The price of registra-
ion tags is now 50 for males, 81 for
emales. Mr.. Porter wishes to have
pups without tags killed in the most
humane manner possible; he intends
chInrnfnrIraed instead of