Denver labor bulletin., 1916-01-08
Mrs. Frincke Wins Mandanus
Suit For Old Job and Back Pau
Judge Denison Renders SOeepne Opinion Sustaining the Pc
tioner Euery Poin Was illegally Discharged Police
Mafron in Violation of the citys CiOh Service Laros

sations lasted from October to January,
1918, and finally the board took action,
and she received letter of appointment
from the secretary of the board, undated,
but written in the latter part of Janu-
airy or first OF February, 1918, giving
her probationary appointment as police
matron, effective January /, 1913.
On January 81, 1918, the fire and po-
lice board asked the commission to Ger
tify the petitioners name for appoint
ment. The secretary of that board re-
Piled, February 5, certifying the only
two names on their Est-that OF the Pc
titioner and another, the petitioner hav-
ing the highest rating. The same day
the secretary of the civil service com
mission addressed a letter to the petit
TONER informing her that she had
passed with the average of a3-5, and had
that day been certified to the fire and
police board. An undated letter to the
civil service commission signed "--
Fire and Police Board" about that time
was written, announcing the appoint
ment Of the petitioner as probationary
matron of the classified service, in con-
forrnity with the commissions certificate
as to eligibility, but did not say that the
appointment was effective January /.
February the secretary Of the civil
service commission wrote the fire and
police board that their action appointing
the Petioner probationary matron was
approved at its meeting OF even date.
In May, 1913, the new charter having
been adopted and the commission elected,
the fire and police board disappeared,
and on August Z. 1913. the city commits
sioners passed a resolution removing the
petitioner, because her services ware not
satisfactory, and on August 5 the COM
missioner OF safety addressed her let
ter, informing her OF that fact. She
-,cnt before the civil service commission,
probably under Rule XI, and August 3,
1915, her petition was presented to the
commission and the hearing was set for
the 18th Something was held which
nav have been a hearing (record, page
5si ami the action of the fire and police
boar1 SAs sustained by the commission.
August Is, 1918 (page OF the record)
as shown by the records of the civil ser
vice commission, her discharge was sus-
tanned
Petitioner claims that her appointment
by the fire and police board as OF June
;, 1912, was valid; that she then became
and was the probationary incumbent,
and that on December 3. 1912. she be-
came the regular incumpent, under the
civil service. and could not be dis
charged without notice of charges pre-
ferred and an opportunity TO be heard
She claims, too, that her successful ex-
animation in September, 1912, entitled
her TO the appointment, and that her ap-
pontment was given her in January or
February, as of January /, 1918, and
was approved by the commission, and
that. therefore, even if her claim of pre-
vious appointment is not valid, her pro-
bationary period expired July l, 1913,
and that she was therefore entitled to
notice of charges preferred and cppor-
tunity to be heard before she was dis
charged.
We are inclined to the opinion that
both her claims are good. The records
Of the fire and police board and the civil
Continued on page 81