McClure

I agree with the majority that the County timely filed exceptions to the hearing officer’s decision and order as required by article VIII, section 11, subsection (b)(2). I also agree that there are situations in which the chief administrative officer (CAO) may delay more than 15 county business days before acting on timely filed exceptions, i.e., the 15-day period of article VIII, section 11(b)(2) of the San Diego County Labor Relations Ordinance (Ordinance) is not jurisdictional. My only, but rather fundamental, disagreement with the majority is that under their interpretation of the Ordinance the CAO may intentionally and/or unreasonably refuse to take any action on the hearing officer’s decision and order, leaving the aggrieved party with the questionable remedy of filing suit to obtain a favorable decision. In my view the purpose of the Ordinance mandates that the CAO determine the validity of the exceptions within the stated time period unless good cause can be shown for a later decision. Because the issue of good cause was never directly addressed by the trial court, I would reverse the judgment to permit further proceedings to determine whether the CAO was justified in…

*809 Opinion

Approximately 14 months after an unfair labor practice charge was decided in their favor, Ardelia McClure, James McCarty, Charlonna Beach and Frank Pierce (respondents) sought a writ of mandate directing the County of San Diego, the board of supervisors, the chief administrative officer and the director of the department of social services (County) to implement the hearing officer’s decision and order. Finding the County had unreasonably delayed its response to the order and decision, the trial court granted the writ. On appeal, the County contends mandate here improperly restricted administrative discretion vested in the chief administrative officer. We agree and reverse.

Factual and Procedural Background

The County of San Diego Department of Social Services (DSS) employed the respondents as contract specialists. Although they were permanent employees, the respondents were given notice on July 26, 1982, their positions would be eliminated due to an administrative budget cut. Respondents were each offered and accepted a demotion in lieu of a layoff. Based on a subsequent complaint, the County of San Diego Civil Service Commission (Commission) investigated the…

Approximately 14 months after an unfair labor practice charge was decided in their favor, Ardelia McClure, James McCarty, Charlonna Beach and Frank Pierce (respondents) sought a writ of mandate directing the County of San Diego, the board of supervisors, the chief administrative officer and the director of the department of social services (County) to implement the hearing officer's decision and order. Finding the County had unreasonably delayed its response to the order and decision, the trial court granted the writ. On appeal, the County contends mandate here improperly restricted administrative discretion vested in the chief administrative officer. We agree and reverse.

The County of San Diego Department of Social Services (DSS) employed the respondents as contract specialists. Although they were permanent employees, the respondents were given notice on July 26, 1982, their positions would be eliminated due to an administrative budget cut. Respondents were each offered and accepted a demotion in lieu of a layoff. Based on a subsequent complaint, the County of San Diego Civil Service Commission (Commission) investigated the reclassification scheme and…