Baity

Appellant Don L. Baity appeals from a trial court’s denial of his petition for a peremptory writ of mandate. (Code Civ. Proc., § 1094.5.)

Facts

Baity is a custodian, employed by the City of Los Angeles since 1959. In that capacity he works a normal 40-hour week. From 1961 to 1975, Baity also held a custodial position with the County of Los Angeles, which position also required a 40-hour commitment.

In 1969 the Los Angeles County Board of Supervisors adopted section 72 of the Los Angeles County Administrative Code. The ordinance stated: “No person shall be employed in a full-time position in the County service, as defined by the County Salary Ordinance, for which compensation is provided, who performs continuous or regular service outside of his regular working hours for the County in any gainful profession, trade, or business or occupation whatsoever, for any person, firm, corporation or governmental entity, or who is so engaged in his own behalf, in excess of twenty-four (24) hours per week; provided, however, that this provision shall not apply to a person holding a position in the County service which is less than full-time, nor to any person in the service of the…