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Less the United States, although the majority of residents are of Hispanic or Latin American descent, with the largest concentration of Puerto Ricans.
No one may be excluded from jury service because of his race or color, but for the jury system to operate effectively, the representation of various groups in the community on the jury should be such that the names of a fair cross-section of the population appear in the box for selection of jurors. Without such representation the jury system, though available to all, will operate to the disadvantage of some of the people included in the group in the jury box. In the absence of proof to the contrary, it must be assumed that the selection of the jury lists, the decision of the jury commissioners, the manner of administering the system and the operation of the system are not racially discriminatory.
As Mr. Justice Stewart said in his concurring opinion in Swain v. Alabama, 380 U.S. 202, 219-220, 85 S.Ct. 824, 835, 13 L.Ed.2d 759, 768 (1965):
"... an assumption of racial prejudice in jury selection is not sufficiently supported by the facts of this case to justify this Court in overruling that practice which has prevailed in this State and throughout the South for almost a century."
IV.
The public service commission's order purporting to rescind the hiring of Agent Moses was issued on February 10, 1977. On February 21, 1977 the civil service commission denied the request for an exception to the normal practice of not awarding a permanent appointment to a police officer in the "special agency" position. The civil service commission held that the public service commission's authority to issue emergency regulations was not limited by the civil service regulations. The civil service commission said that the law allows the public service commission to control the appointment of police officers and that the emergency regulations were valid and properly issued.
The question is whether the denial of a permanent appointment was a change of a policy as to the manner of making appointments of police officers. I think it was a change of policy. The law clearly gives the civil service commission power to make rules and regulations for the general administration of the civil service and to adopt reasonable rules and regulations to insure fair, impartial, and efficient administration of the civil service.[3] I would hold that this exception to the usual procedures is within the civil service rules, and that the civil service commission had authority to adopt reasonable rules and regulations that are within the scope of its general rule- 3125841983
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