66 Wn.2d 927, ROBERT ECKMAN, Respondent, V. BOARD OF KING COUNTY CIVIL SERVICE COMMISSIONERS et al., Appellants

[No. 37747. Department Two.      Supreme Court      July 29, 1965.]

ROBERT ECKMAN, Respondent, V. BOARD OF KING COUNTY CIVIL SERVICE
                     COMMISSIONERS et al., Appellants.*

Appeal from a judgment of the Superior Court for King County, No. 614571, William J. Wilkins, J., entered April 13, 1964. Affirmed.

Action for a writ of mandamus. Defendants appeal from a judgment in favor of the plaintiff.

Charles O. Carroll and James E. Kennedy, for appellants.

Burns & Schneiderman and James D. Burns, for respondent.

PER CURIAM. -

By mandate of the superior court, appellant civil service commission was required to classify respondent under RCW 41.14.090. The classification was radio shop supervisor. The trial judge made findings of fact as follows:

Finding of fact No. 5:

That there was a lack of good faith on the part of the Sheriff's

Civil Service Commission when it held a hearing February 27, 1964 to determine the status of relator. The Commissions' actions on that day and their prior actions indicate a lack of good faith in their evaluation of this case and further showed that the said Commission had prejudged the matter and did not give relator a fair hearing.

And, in finding of fact No. 8:

That six months prior to December 4, 1958 when RCW 41.14.090 took effect, relator was a Captain in the King County Sheriff's Office and was performing Captain's duties.

Appellant states in his brief". . . The ultimate issue is the factual question of what duties respondent Eckman performed in the King County Sheriff's Department continuously from June 4, 1958 to December 4, 1958.

The record contains ample proof to substantiate the court's findings set out above. Thorndike v. Hesperian Orchards, Inc., 54 Wn.2d 570, 343 P.2d 183 (1959).

The judgment is affirmed.


* Reported in 404 P.2d 785.