Reinbold

On January 28, 1975, one year after appellant was retired from the City of Santa Monica, he filed a petition for a writ of mandate for damages, and to compel respondents to include him under, and provide him with, the benefits of resolution No. 4413. Resolution No. 4413 ratified a memorandum of understanding (hereinafter MOU) dated August 1973, executed between the City of Santa Monica (hereinafter “City”) and the Santa Monica Police Officers’ Association (hereinafter “SMPOA”). Appellant, who is the ex-police chief of the City, also sought to compel the City to permit him to associate freely with SMPOA and other peace officer organizations.

Section 2.02(b) of the 1973 memorandum of understanding provided a lump sum benefit of accumulated unused sick leave on their retirement to employees covered by that 1973 MOU. Appellant’s unused sick leave at his retirement amounted to $28,178 and he seeks that amount in damages.

Appellant had been a member in good standing of SMPOA since 1937, and had received many health and life insurance benefits from that organization. Apparently the only benefit he did not receive was the accumulated sick leave pay on retirement.

In 1969,…