Miller v. City of Sacramento

The City of Sacramento, by and through its city council, enacted Resolution No. 74-333 and Ordinance No. 3428, Fourth Series, creating the position of council budget analyst. A taxpayers’ suit was filed challenging the power and authority of the council to create the position in this manner. Subsequent to preliminary motions, plaintiffs filed a supplemental complaint alleging that the council had negotiated with a prospective employee, Brian Teller, to fill the new position, a contract of employment had been drafted and a special meeting scheduled for the purpose of approving the contract. The supplemental complaint expressly challenged one provision of the proposed contract of employment which provided for severance pay for the full one-year term of the contract (from May 15, 1975, to May 15, 1976) if the council should terminate Teller before May 15, 1976. However, the supplemental complaint also challenged the whole contract by alleging that “[t]he provisions of said agreement conflict with provisions of the Charter, City of Sacramento and City Code, relating to employment of officers and employees of the City of Sacramento and benefits to which such officers and…