Ruiz-Cano

This is an appeal from a judgment granting plaintiff Etelvina Ruiz-Cano a peremptory writ of mandate ordering certain officials of San Diego County to reinstate plaintiff to a previously held employment position with the county, together with associated benefits, and awarding her back pay with interest.

Plaintiff was hired by the county on August 24, 1977, as a mental health assistant in a program known as the “Battered Women’s Project.” Pursuant to certain provisions of the San Diego County Charter then in existence, plaintiff was informed she would have to file proof of United States citizenship or of having filed a petition for naturalization in order to continue to receive compensation. Upon her failure to do so she was given notice of termination on March 14, 1978.

Sections 41 and 89 of the county charter at the period in question contained the provisions with which this appeal is concerned. Section 41 provided in relevant part as follows: “It shall be unlawful to knowingly employ, engage or appoint any person to serve in the public service who is not a native or fully naturalized citizen of the United States;...” Section 89 provided in relevant part: “No person…