The Wilmington morning star., 1945-03-31
Continued from Page One)

the matter is closed in the case
of Policeman G. c. Looney, fol
lowing the apprisal by the pres:
that the City Attorney had ruled
that affidavits furnished the com
mission were sufficient to conduc1
a hearing.
The civil service chief said hi
could not speak for other members
of the Commission. The Rev. ]. F.
Herbert, ministerial representa-
tive, disclosed that II and another
member were DESTROYS OF having
hearing" in the Looney case
on last Monday night.
The City Attorney submitted his
rulings, opinions, and reviewed the
case in the following communica
ton sent to individual members Of
the Council: -.
March 20, 1915
mayor Ronald Lane .
Wilmington, N. C.
Dear Mayor Lane: ....
IRE: Charges Against Police Of
ficer G. C. Looney, Transmitted
by the City to the Civil Service
Commission.
cat the meeting of the City
Council yesterday, I was request
ed to rule upon and give the
Council opinions concerning the
following questions arising in the
above entitled matter:
81. Did the record in this case,
which was submitted by the Coun-
Gil to the Civil Service Commits
sion, comply with the require
ments of the Civil Service Act OF
1941 as amended and sufficient for
the Civil Service Commission to
conduct hearing and pass upon
the Looney case? ..
20. Is the City required to re-
instate Officer Looney as Of March
8, 1945, the date of his suspension
by the Chief of, Police? 49,.
50. What is the City now re-
CURED to do under the law with
respect to Officer Looney?
81 will answer each question in
order and discuss the reasons for
such answer. AS to question Cd
my answer is Eyes"
"Section 9, Chapter 223 Of the
Public Local Law Of 1941 provides
that mo officer - shall be dis
missed, removed, suspended, de-
NOTED or discharged except for
cause and upon written complaint,
and after he or she shall have
been given a reasonable oppor-
tunity for an open hearing by said
Civil Service Commission in de-
tense OF such charge"
"You will observe that written
complaint is the basic require
ment in this section of the law
to enable the Civil Service Com
mission to conduct such hearing
as authorized by this law. Thus,
the question arises: Did the City
file or cause to be filed with the
Civil Service Commission written
complaint in accordance with this
section of the law" In my opin-
ion it did, and met the require
ments Of this section and placed
in the hands Of the Civil Service
Commission both written charges
and written complaint sufficient
for the Commission to proceed to
have and conduct the hearing in
accordance with the requirements
of this law.
Under date Of March 8, 1915,
at the instructions Of the City
Council, in meeting assembled on
that date, City Manager Nichols
addressed letter 10 the secretary
Of the Civil Service Commission;
and in that letter, among other
things, stated that he was for
warding the letter to Chief Cas-
teen with reference to Officer G.
c. Looney. Also, that ne was for
warding the several exhibits and
affidavits obtained in this mat
ter. Mr.. Nichols further advised
the Commission that Officer Loon
ey was under a thirty day sus-
pension imposed by Chief Of Po-
lice Department. This letter re-
quested review of the facts in
this case in the following Ian
guage, "Your Board is now being
requested to review the facts and
determine the disposition desired
in this situation
'In addition to the letters and
affidavits above referred to, and
more particularly hereinafter
pointed out, the City Manager easo
transmitted to the Commission
copy of the minutes of the City
Council at it's meeting of March
9th, respecting this subject. These
minutes disclosed that the record
was ordered transmitted to the
Commission and to the Recorder
Court for information and consid-
Grafton.
SIN the letter of Chief of Police
Casteen, dated March 9th and
C..o1;ro Qo,ch E,efar