Stuart

Ray Stuart and Sonja Dale appeal from an order denying their petition for mandate and the judgment entered thereon in favor of respondents. The parties agree that the sole issue is whether section 9.16 of the rules of the San Francisco Civil Service Commission (Civil Service Commission) is in conflict with section 8.323 of the Charter of the City and County of San Francisco (City Charter). We conclude, contrary to the trial court, that the two provisions are in conflict; we therefore reverse.

The facts are not in dispute. Appellants participated in oral civil service examinations for positions as health workers III and IV. The oral examinations were conducted by qualifications appraisal boards in accordance with Civil Service Commission rule 9.16, which specifically governs the procedures for such examinations. A digest of the procedures for protesting the examination, as set forth in rule 9.16(c) of the Civil Service Commission rules, was posted outside the examination room. The digest notified all candidates that after interviews were completed, the candidates’ ratings would be available for inspection for a minimum period of two days, and that challenges to the…