Van Riessen v. City of Santa Monica

Introduction

Petitioners [appellants] nine firemen retired from the City of Santa Monica Fire Department (hereinafter petitioners) appeal from the judgment denying their petition for writ of mandate seeking to compel respondent City of Santa Monica (hereinafter City) and certain of its officers to make monetaiy payment to each of them for unused sick leave days which had been accumulated prior to retirement.

The Case

Each of the petitioners is a retired fireman of respondent City. They claim that an aggregate of 3,100 days of sick leave had accrued but was unused by them as of retirement and it is for these days that their petition sought monetary payment.

Petitioners’ claims are controlled by Santa Monica Municipal Code, section 21041, as it existed before and following the amendment of February 23, 1971 (retroactive in part to July 1, 1970), and the December 1968 memorandum of understanding and the October 1973 memorandum of understanding between the City and the Santa Monica Fire Fighters Local 1109.

Santa Monica Municipal Code, section 21041, at all relevant times, pertained to sick leave of city employees. Prior to the amendment of February 23, 1971, its most…