Conroy

This appeal was taken by the Civil Service Commission of the City and County of San Francisco and the city and county itself, from a judgment in a mandate proceeding directing the commission to place the petitioner upon the eligible list for promotion from the rank of sergeant to that of lieutenant in the San Francisco Police Department, in the position on the list designated by the court, and to correct its records to conform to the court’s direction.

When the present San Francisco charter was adopted (Stats. 1931, pp. 2973, 3064) section 146 (found under “Civil Service”— “Promotions”) read as follows: “Whenever it deems it to be practicable, the commission shall provide for promotion in the service on the basis of such examinations and tests as the commission may deem appropriate, and shall, in addition, give consideration to ascertained merit and records of city and county service of applicants. The commission shall announce in the examination scope-circular the next lower rank or ranks from which the promotion may be made. All promotions in the police and fire departments, respectively, shall be made from the next lower rank on the basis of examinations and tests, seniority…