Lopez
Lopez v. Civil Service Commission
Opinion
Opinion
Smith, J.
—Petitioner and appellant Arturo Lopez appeals from a judgment denying his petition for a writ of mandate to compel defendant San Francisco Civil Service Commission (Commission) to include certain salary data in determining salaries of San Francisco’s meter readers. The issue on appeal is whether the trial court acted properly in granting defendants’ motion for summary judgment on the ground that Lopez had failed to exhaust his administrative remedies. We agree with the trial court’s conclusion that Lopez’s failure to file an appeal with the Commission was fatal to the present action, and affirm the judgment.
Background and Procedural History
Section 8.407 of the San Francisco City Charter provides that the Commission shall conduct “a comprehensive investigation and survey of basic pay rates and wages and salaries in other governmental jurisdictions and private employment for like work and like service . . . and shall make its findings, based on facts and data collected, as to what are the generally prevailing basic pay rates for each benchmark class of employment. . . .”
Rule 3.04, paragraph H of the Commission’s rules impose upon the “General Manager, Personnel”…