Lee v. Board of Civil Service Commissioners

The sole issue on this appeal is whether the San Diego County Board of Civil Service Commissioners (Board; also known as the Civil Service Commission) lawfully revised its administrative personnel policy without making any change in civil service rules so that overtime hours Sue Lee worked during her probationary period did not count in reducing her probationary period. Lee appeals the trial court’s denial of her first amended petition for writ of mandate seeking reinstatement, backpay, interest, benefits, attorney’s fees and costs with respect to her termination from county public employment as a staff" nurse on June 12, 1987, as of which date the Board and the trial court held Lee was a probationary employee dischargeable without cause.

Lee’s position is that if the Board had applied its usual practice of deducting absences and crediting overtime in calculating the probationary period, she would have completed her probationary period on June 5, 1987, and the Board would have to reinstate her because she was discharged without good cause. The trial court, however, upheld the Board’s application to Lee of a revised personnel policy of not crediting overtime hours Lee…