Schaeffer

Joseph Oscar Schaeffer appeals from a judgment of the Superior Court of Sacramento County denying his petition for a writ of administrative mandate. Appellant had sought an order requiring the respondent California Public Employees’ Retirement System (hereafter PERS) to reclassify him from “miscellaneous” to “safety” membership in PERS. Appellant contends that his employment as a correctional officer for Placer County was of such a nature that he is entitled to safety member status, that Placer County has concluded that he is a safety member since it grants to correctional officers benefits under Labor Code section 4850, and that the administrative law judge abused his discretion in relying upon an unrelated sleeping incident in concluding otherwise. We shall affirm the judgment.

Background

Appellant worked for Placer County as a Correctional Officer II at the Placer County Jail from July 1979 until April 1983. He was hired as a Correctional Officer II rather than at an entry level Correctional Officer I position due to prior experience as a deputy in the San Francisco County Sheriff’s Department. Effective January 19, 1985, appellant was placed on retirement status.…