Berkeley Police Assn. v. City of Berkeley

The Berkeley Police Association and six of its members appeal from a judgment determining that the City of Berkeley may lawfully make appointments to the position of police inspector through an open examination rather than through a closed examination limited to eligible existing employees of the city. The appeal is on the judgment roll. (Cal. Rules of Court, rule 5(f).)

Establishment of a personnel board with power “to administer a personnel system under rules and regulations to be made by the [City] Council” is authorized by section 119 of the Charter of the City of Berkeley. The city council has adopted Personnel Rules and Regula tions. Subject to conformity with the civil service system thus created, the power “to appoint, discipline or remove all officers and employees of the City” is vested in the city manager. (Charter, art. VII, § 28.)

Appellants contend that the personnel rules adopted by the city council require that when appointment is to be made to a position that is at a rank higher than the entry level, a promotional examination be given to all qualified existing employees and that an open examination is permitted only if the preliminary closed examination…