Anderson

Appellants classified civil service employees of the County of San Diego, on behalf of themselves and others similarly situated, petitioned the superior court for a writ of mandate to require the respondent Board of Supervisors of the County of San Diego to comply with section 40 of the charter of San Diego County. From the judgment denying the mandate this appeal has been filed.

Included in the original charter of the county, adopted in 1932, was section 40, chapter 10 article VIII, which reads as follows: “In fixing compensation, the Board of Supervisors shall at least annually, by ordinance, provide in each instance for the payment of not less than the prevailing or general current rate of compensation or wages paid by private employers in the County of San Diego for similar quality or quantity of service, in case such prevailing compensation or wages can be ascertained.”

Effective July 1, 1935, the charter was amended to incorporate civil service provisions. In so amending and adding civil service provisions, section 79, chapter 10, article XVII, became part of the charter: “The Commission shall prescribe, amend and enforce rules for the Classified Service, which shall have…