Barr v. City of San Diego

In his petition for writ of mandate against defendants and respondents city of San Diego, members and directors of its civil service commission and Chief of Police A. E. Jansen, plaintiff and appellant alleges generally that for 14 years he was a police officer in the city of San Diego under classified civil service; that on September 9, 1956, a quantity of marijuana was found in plaintiff’s possession and on said date he was suspended from his position and placed in jail; that thereafter on September 12, 1956, he received a copy of a letter sent by said defendant chief of police to the civil service commission informing the commission that plaintiff had been discharged from the department as of September 10, 1956, because when he was arrested by *777 officers of the department there was found a quantity of marijuana in his possession; that plaintiff would be charged with such offense and prosecuted in the state courts and that plaintiff was given the opportunity to resign from the department but declined to do so.

It is then alleged that plaintiff demanded a hearing within five days, as required by section 23.1204, San Diego Municipal Code, but due to certain representations…