# Waters v. Civil Service Board

> California Court of Appeal · June 21, 1955 · 133 Cal. App. 2d 733

URL: https://www.frixlaw.com/law-library/cases/9624078

## Case

- **Full name:** ARTHUR R. WATERS, Respondent, v. CIVIL SERVICE BOARD OF THE CITY OF OAKLAND Et Al., Appellants
- **Court:** California Court of Appeal
- **Decided:** June 21, 1955
- **Citations:** 133 Cal. App. 2d 733; 284 P.2d 919; 1955 Cal. App. LEXIS 2288
- **Precedential status:** Published
- **Opinion:** Dissent by Dooling
- **Judges:** Kaufman, Dooling
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9624078

## Opinion text

DOOLING, J.
I dissent. The question presented is purely one of statutory construction, and I am satisfied that the plain language of the Oakland charter gives to every person in the next lower rank who submits himself for a promotional examination the right to take such examination. Section 77 is the basic section dealing with promotions. It has been unchanged since the charter was originally adopted in 1911 (Stats. 1911, pt. 2, p. 1604) and provides: “The board . . . shall provide, in all cases where practicable, that vacancies shall be filled by promotion from among such members of the next lower rank ... as submit themselves for examination.” (Emphasis mine.) Language could hardly be plainer that all members of the next lower rank who submit themselves for that purpose are entitled to take the promotional examination.
The language of section 77 applies to all promotional examinations covered by the Oakland Civil Service. In 1943 section 91c was added to the charter. (Stats. 1943, p. 3322.) It deals exclusively with the police department and reenacts, with regard to promotional examinations in that department, the exact language above quoted from section 77, that “vacancies shall be filled by promotion from among such members of the next lower rank ... as present themselves for examination for promotion.”
The express provisions of the charter clearly give the right to take the promotional examination to all members of the next lower rank who present themselves. This being so, the rule attempting to limit the right expressly granted by the charter is void. (Bruce v. Civil Service Board, 6 Cal.App.2d 633 [ 45 P.2d 419 ].)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9624078. Public record. Not legal advice.