Ligon

This is an appeal from a judgment of the superior court denying a petition for writ of mandate. The petition alleged that the California State Personnel Board (hereafter Board) had wrongfully refused to consider appellant’s applications for two different employment positions with the Public Utilities Commission. Appellant sought both a judicial declaration of the invalidity of the personnel policy relied upon by the Board in disqualifying her from consideration for the positions, and a peremptory writ directing the Board to consider her applications.

Appellant, a state employee, contends that her “out-of-class” experience should be certified as a minimum qualification for advancement to certain positions at the Public Utilities Commission. She was not officially classified in the prerequisite job positions for the minimum time periods set forth in the job announcements. Her supervisor though, has verified that she had worked “out-of-class” in lower positions, performing the duties of the higher positions, which, when added together with the length of time in the actual appointment positions, would have qualified her as to the minimum time requirement if such credit could…