Opinions of the City Attorney of San Francisco 1950 Pt.1

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Wolff , and can perceive no sound reason for holding that the two sergeants mentioned in your request should not be immediately placed on the lieutenants' list. The rule of law enunciated by the Supreme Court in the Conroy case with regard to the cut-off date in examina- tions is equally applicable to the case of the two sergeants.
It follows: "In the absence of a valid rule or regu- lation prescribing a different date the reasonable implication to be drawn from provisions of the charter is tha
...t the cutting off for the application of meritorious service credits should be not earlie r than the date the examination is held.* ' In view of the opinion of the Supreme Court in the Conroy case, I am of the opinion that the two sergeants who lacked only a few days of having completed an additional year of service in the rank of sergeant as of the official beginning date set forth in the examination announcement, should be given credit for the year of service m question.
I am so holding because of your statement to the effect that they had completed the additional year prior to the date on which the written examination was held, which has now been determined to be the cut-off date.


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