Lanam

The City of Ukiah (City) requires certain classes of its employees to reside within a so-called “residency area” which is peripheral to its territorial boundaries. Respondent, an affected employee, was dismissed from his position because he resided outside the area. He commenced this proceeding in administrative mandamus against the City, seeking reinstatement and reimbursement for lost wages. The trial court determined that he had been unlawfully dismissed because the dimensions of the residency area violated the applicable provision of the California Constitution (art. XI, § 10, subd. (b)), and entered judgment granting the relief prayed. The City appeals.

The pertinent evidence, as received at the hearing conducted upon respondent’s petition, may be summarized as follows: In 1966, the city council adopted a resolution requiring that all new employees in the “Classified Service System” live within an area drawn by hand on a map attached to the resolution and incorporated in it by reference. Respon dent became a new “classified employee” of the City in 1969, when he was hired as a fireman. He later made his home in Potter Valley, outside the residency area. (See fn. 2,…