Yorty

Petitioner, the Mayor of the City of Los Angeles, sought a peremptory writ of mandate compelling respondent, the City Council of Los Angeles, to provide sufficient funds for the fiscal year 1963-1964 to cover the salaries of all personnel authorized in the office of’ petitioner by Ordi nance Number 124,766; in the alternative, petitioner asked that the court declare that respondent was dutybound to provide funds to pay these salaries. The court below denied the petition for a peremptory writ of mandate and sustained a demurrer to each count alleged, without leave to amend, the court having determined that petitioner was not entitled to declaratory relief. This i's an appeal from the judgment.

The bone of contention surrounding the present action is that, over the mayor’s veto, the city council adopted a budget for the now passed fiscal year 1963-1964 which did not allow the mayor sufficient funds to pay the salaries of all personnel previously authorized for his office in Ordinance No. 124,766. Funds totaling $286,491 were requested by the mayor to pay the salaries of bis staff. However, $63,600 was trimmed from this amount in the budget finally passed by the city council,…