The Wilmington morning star., 1947-01-26
COMMISSION BILL
CITED BY L'GRAND
Continued From Page One)

the City OF Wilmington.
To determine the eligibility of
persons to be employed in these de-
partments.
Whether or not the responsibility
of the above functions is that of the
Civil Service Commissioner, in
part or in whole, that of the Police
or Fire Department.
McMullan's opinion in reply to
Campbe1l's request says in part:
81 am in agreement with your
position that it is the sole respon-
sibility and authority of the Civil
Service Commission to have full
charge Of passing upon the quail
fications and certifying the eligibil-
ity of all persons to be employed
by the Fire Department and Police
Department; that this Commission
has the full power Of removal and
discharge, and that nc applicant is
eligible for employment as a mem
Der of either department unless
such applicant has been examined.
qualified and certified by a major
ity action Of the Civil Service Com
mission.
Further, ! am Of the opinion
that there is no power or authority
vested in the Chief of Police or
chief of the Fire Department, or OF
either Departments, or in the Coun.
Gil Of the City of Wilmington, to
examine, determine the eligibility
for employment, certify or select
employment, certify or select en-
ployes for these Departments, and
that all of such matters are wholly
within the province of the Civil
Service Commission; that it is
charged with such responsibility
and is the sole judge of who is to
be certified for employment"
An opinion from the attorney
general was asked after two mem
bers of the police force, H. l..
Gurley and Roy Grissett had been
charged with store breaking, lar
ceny and receiving.
Controversial opinions as tc
where the blame lay for the certi-
fication and appointment of police
officers and firemen have been ex-
pressed by city officials and the
commission.
In a prepared statement by Ben
son and Campbell shortly after
they received McMullan's opinion.
they pointed out that neither thu
city manager or the city council.
have any authority whatever &c
select, examine or employ a mem
Der of the police department.
The statement in full, is as fol-
lows:
Recently the question has arisen
as to what authority the City
Manager and City Council had
respecting the employment OF
members of the Police Depart
ment under present Civil Service
Acts. Neither the City Manager
nor the City Council have any
authority whatever to select, ex-
or employ a member of the
Police Department.
under Section 8, Chapter 374,
Private Laws of 1915, it is provided
1.-THE Civil Service Commission
shall have full charge of passing
upon the qualifications and certify
ing the eligibility of all persons to
be appointed as employees of the
Fire Department and the Police
it shall have full
charge of removal and discharge
of employees from said depart
person or applicant shall
be eligible for employment-nor
shall any members of said depart
ments be removed, denoted or
dismissed except by majority ac-
ton of the Civil Service Commits
sion. The Civil Service Commits
sion shall make all necessary rules
and regulations-for positions in
said departments"
'tIt is further provided in Section
4, Chapter 223, Local Laws of 1871
that applicants for positions in
said departing ts shall be subject
to written examinations by the
Civil Service Commission" In
Section 6 it is provided that zap
pointments to positions in the Po-
lice Department and in the Fire
Department shall be made only
from the list of successful ap-
plicants as certified by the COM
mission. The order Of priority for
for such position shall
be determined under such rules
and regulations as shall be made
by the Civil Service Commission"
1.-THE City Manager and City
Council requested rulings on these
matters from the City Attorney
Ind the Attorney General and
these rulings have been received
Until there are appropriate
changes the present laws, no
rest in the city government
o control or determine those
questioned"
The position of City Council and
that of Chief Charles H. Casteen
has been defended by Campbell.
The Commissions position in the
matter has been defended by that
body which indicated that such
rest with city government
and the Chief of Police or the Chief
Of the Fire Department.