Wilson

Wilson v. San Francisco Municipal Railway

Good Law
105 Cal. Rptr. 855·1973 Cal. App. LEXIS 1240·29 Cal. App. 3d 870·82 L.R.R.M. (BNA) 2729
Court of Appeal of CaliforniaJanuary 9, 1973Civ. 30631California4,932 words

Opinion

Opinion

Rattigan, J.

Joseph A. Wilson appeals from a judgment denying his petition for a writ of mandate which would have required that a specified administrative hearing, to be conducted in connection with his prospective dismissal from municipal employment, be opened to the public.

Although the facts are essentially undisputed and might be briefly stated of themselves, they have occurred within an elaborate context of municipal charter provisions and other documentary materials. The following detailed recital is therefore required:

Appellant is employed by the City and County of San Francisco, a chartered city and county (hereinafter “the City”), as a bus driver in its Municipal Railway system. That system is part of the public utilities complex which the City operates under the general management of its five-member public utilities commission, pursuant to provisions of the City’s charter which are addressed to public utilities as such. The powers of the public utilities commission do not include its functioning in the dismissal of a permanent employee; under the civil service provisions of the charter, “the manager of utilities” alone may dismiss such employee, and only for cause, after…

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