Cornell

Plaintiff is a deputy sheriff of San Diego County. He took office on January 7, 1935. Charles H. Harris, Mrs. S. M. Marshall and Stanley M. Cue compose the civil service commission of the county of San Diego. Theodore T. Sharp is the director of personnel of the civil service commission.

This action was brought by plaintiff for declaratory relief to determine his right to hold his office as deputy sheriff under the civil service rules which went into effect after he took office.

The county of San Diego is operating under a charter which was adopted by the electors of the county on November 8, 1932, and which was approved by the legislature at its session in 1933. (Stats. 1933, p. 2814.) By its terms the charter took effect on July 1, 1933.

Amendments to the charter were adopted by the voters of San Diego County on November 6, 1934, were approved by the legislature at its session in 1935 and went into effect July 1, 1935. These amendments provided a complete plan for civil service and its administration. The board of supervisors passed an ordinance in May, 1935, effective July 1 of that year, which provided, among other things, for the office held by plaintiff and fixed the…