Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-06-13

sons. Therefore, you are not author.
lied by, law to draw warrants in their
favor. My reason for such conclusion
state more fully below.
When personss name does not ap.
pear on the eligihls list provided for
in Rule v, be ID not eligible to an or.
iginal appointment.
The appointment must he made Ia
accordance with Rule Y. requiring the
sheriff to notify the commission Of any
vacancy to be filed In his department
and of the appointment OF such per
son from the eligible list IL he is not
on the eligible list ne lis not an EN-
ployee Of the city and county.
Act 81 of the session laws OF 1919
section Q, provinces that no person
! shall hold or be appointed to any po
sition in the department without the
approval of the commission IN accord
ance with its rules and regulations.
Section OF the same act requires
the appointment or promotion Of any
employees in the department to be in
conformity with the rules and fegula
tons
The promotion OF The chief elerH
was not made IN conformity with see
OF act 81 Of the session laws Of 1913
because Il was NOT made in accordance
with Rule vi OF the rules and regu
lations Of the Honolulu civil service
commission. - 81 So
In regard to the promotion Of. the
various employees, section il to be
read with the whole act, especially
with regard to sections Q, and q
Section Z provides that. vacancies
occurring in existing positions, which
can with advantage to the department
be fiIled by the promotion OF persons
in the service who have proved their
fitness therefor, shall be filed by the
promotion of such persons. This sec.
ton Is a mandatory srequirenien OF
the territorial law. 1t may not be dis.
=obeyed either by the commission or BY
the appointing officer However. this
section provides that there must be
promotions according to these rules
of persons in the service who have
approved their fitness. - = tF'2t 4.s ~
The act leaves TO the commission
the further power to decide how
these persons shall be selected.
The commission. has made Rule VI,
regulating promotions, under the au-
thority given it in Section 49, =
It is clear that the commission is
acting within its power. < - ~
Had the commission omitted to
make any rules governing promotions.
then Section Z might be construed to
require the sheriff to promote officers
or employees without consulting the
commission, but the commission hay
ing directed him how to carry on
these promotions, the sheriff must,
comply with Rule vi, If the promo
tions are to be held valid or are to,
be recognized by the auditor. 4
The rules made by the Civil Ser
vice Commission have the power and
force of law, and are binding upon all
appointing officers.
Dillon on Municipal Corporations
18th ed.) Sec. 3s9.
The city cannot employ or receive
into this service person not eligible
under the law.
l Dillon on Municipal Corporations
l4th ed.) Sec. 401.
am of the opinion that both the
appointments and promotions made
are without authority Of law, and that
the employees SO named are mot In
the employ Of the city and county of
Honolulu. 49,
This is unfortunate for the persons
named This department sees no re-
course, but to give an opinion as
as possible after the facts
have been brought to its attention.
Respectfully submitted, z.s -
fSigned1 P. L. Weaver, Il
First Deputy CITY and :