Nelson v. County of Los Angeles

By stipulation this appeal was consolidated for oral argument with the companion ease of Globe v. County of Los Angeles, Civil No. 22775, ante, p. 595 [ 329 P.2d 971 ], this day decided, involving similar and related facts and questions of law.

On June 16, 1953, Thomas W. Nelson became a permanent civil service employee of the county of Los Angeles in the capacity of a medical social worker. On April 20, 1956, he was summoned to appear before a subcommittee on un-American activities of the United States House of Representatives and after being sworn refused to answer a series of questions pertaining to his political opinions, associations and knowing membership in the communist party. He based his refusal on the First Amendment of the United States Constitution and on a claim of privilege against self-incrimination under the Fifth Amendment. Petitioner was discharged from county employment on May 2, 1956, on the ground that he had been guilty of insubordination and a violation of section 1028.1 of the Government Code. Thereafter, he appealed to the civil service commission and was granted a hearing before that body. Pursuant thereto, he personally appeared before it on June 11,…