White

Appeal by petitioner from a judgment denying his application for a writ of mandate to compel the Civil Service Board of the city of Oakland to hear his appeal from his discharge as an employee of the street department.

Question Presented

Was petitioner’s appeal timely?

Record

From December, 1953, to April, 1959, petitioner was an employee of the city of Oakland, subject to the provisions of the city charter, the city civil service board, and the rules promulgated by that board pursuant to the authority granted to it by charter. On April 24, 1959, notice of discharge was mailed petitioner. He received it April 25. On April 30, the fifth day after receipt of the notice and the sixth day after it was mailed him, petitioner filed an appeal in the office of the civil service board. That board refused to hear the appeal on the ground that it was filed too late.

Time for Appeal

Rule 101 of the civil service board provides: “Whenever a person who has been suspended, fined, or discharged, desires to appeal therefrom to the Board, the following order of procedure shall govern:

If rule 106 is applicable, then there can be no question but that the notice of appeal was filed too late,…