Rehearing Denied March 4, 1952.
Paul H. Primock, of Phoenix, for appellant.
Jack Choisser, City Atty., Laurence H. Whitlow and Jack D. H. Hays, Assts. to City Atty., all of Phoenix, for appellees.
La Prade, Justice. Udall, C. J., and Stanford, Phelps and De Concini, JJ., concurring.
La Prade, Justice.
[73 Ariz. 191] This is an appeal from an order of the Superior Court of Maricopa County quashing a writ of certiorari that it had theretofore issued for the purpose of reviewing the action of the Civil Service Board of the city of Phoenix, sustaining the action of the City Manager of the city of Phoenix dismissing appellant from employment with the fire department of the city.
The factual situation may be stated as follows: The city, by various ordinances enacted pursuant to its charter powers, has provided for a system of civil service for most of its employees, among which are included members of the fire department. Appellant, on November 28, 1948, and for some years prior thereto, had been an employee of the fire department within the classified service. On November 20, 1948, by order of the city manager appellant was dismissed from his position as an engineer in the fire department for the stated reasons: "That you are guilty of conduct unbecoming an employee of the City of Phoenix, in that you had in your possession pictures of indecently exposed women, which photographs were made by you, sold and distributed by you; which all is in violation of Ordinance #99, Article 6, Section 4136 and Section 4138 of the Phoenix Municipal Code of 1939."
Following the rules adopted by the Civil Service Board, appellant appealed the order of dismissal to the board. Thereafter the board conducted a public hearing at which time witnesses were sworn and certain documentary evidence was considered by the board, all of which facts were set forth in the petition for the writ, the materiality of [73 Ariz. 192] which will be seen hereinafter. In due time, the board made its "Findings of Fact and Decision" as follows:
"That the said John T. Reid has been guilty of conduct unbecoming an employee of the City of Phoenix in that he conducted and engaged in a business known as 'The Novelty Supply and Phoenix Model Directory,' located at 1227 and 1227 1/2 East Van Buren Street, said business being under his control, operation and ownership and involving the photographing of nude women in various poses, developing and printing said pictures and advertising for sale and selling said pictures while the said John T. Reid was employed by the City of Phoenix as an Engineer in the Fire Department of the City and subject to call to duty at any time; that the aforesaid course of conduct on the part of the said John T. Reid while a public employee is incompatible with the standards and principals (principles) of public employment as established by the Civil Service Board of the City of Phoenix, and was of a demoralizing and degrading character.
It is therefore the decision of the Board that the dismissal of John T. Reid from his position as Engineer in the Fire Department of the City of Phoenix be sustained, the charges having been sufficiently established and proved to the satisfaction of the Board."
Since the appeal is from the order of the superior court quashing a writ of certiorari it had theretofore issued, the precise question before this court is whether the petition for the writ of certiorari stated sufficient grounds for granting ...