California State Employees' Ass'n v. State Personnel Board

Petitioner California State Employees’ Association appeals from a judgment denying its petition for.a writ of mandate directing respondent State Personnel Board (hereinafter “Board”) to vacate its order establishing a class of civil service employees described as “Career Executive Assignments” (hereinafter “CEA”) and restraining respondent Board from holding executive sessions, except in cases specifically authorized by law.

The Facts

On February 24, 1972, the respondent Board held a public hearing to consider the establishment of a class of civil service employees described in section 19220 of the Government Code, as “Career Executive Assignments.” Such classified employees were to act as advisors to the Public Utilities Commission in policy matters. After hearing an expression of views on the proposal of proponents and opponents thereof (among the latter the petitioner), the Board recessed the hearing and held an executive session. Following the executive session, the Board reconvened the public hearing and announced its decision to approve the proposal to create the CEA.

Petitioner’s Contentions

1. The Board is precluded by statute from holding executive sessions…