City of Ukiah v. Board of Trustees of Municipal Library

The City of Ukiah instituted the present proceeding in declaratory relief to determine if one George Pones, who was employed as a janitor by the city library, was an employee of the city and hence, came within the provisions of its civil service act. The trial court found that Pones did not come within the said act and he alone appeals.

At the time of the adoption of the ordinance creating a civil service system for the city, and for several years prior thereto, Pones had been employed by the board of trustees of the library as a janitor. On June 9, 1959, he was summarily dismissed by the librarian and the board. His appeal was heard by the city council, which found that he was a civil service employee and ordered that he be restored to his position as a janitor. The board and the librarian refused to reinstate him as ordered, whereupon the city brought the present action.

The trial court concluded that Pones was not an employee of the city, but rather was an employee of the library, since the provisions of the ordinance creating the civil service system did not specifically include library employees.

Section 3 of the city ordinance creating the civil service system provided as…