Los Angeles County Employees Ass'n v. Superior Court

In 1996, the Compton Municipal Court implemented a plan to reduce the number of deputy court clerks covered by the civil service system. Under the plan, all newly hired or promoted clerks were designated as non-civil service. The clerks’ union brought this action, challenging the municipal court plan. The trial court issued a writ of mandate directing the municipal court to accord civil service status to all of its deputy court clerks. The municipal court has appealed. We affirm.

Background

Since 1949, deputy municipal court clerks in Los Angeles County have enjoyed the protection of the civil service system. However, in 1996, the judges of the Compton Municipal Court decided that newly hired clerks would be non-civil service, or “NCS.” The judges also decided that existing deputy court clerks would lose their civil service status if they accepted a promotion, e.g., from deputy municipal court clerk I to deputy municipal court clerk II.

As defined by statute, NCS, or non-civil service, means that an employee “serve[s] at the pleasure of the appointing authority and may at any time be removed by the appointing authority.” (Gov. Code, § 72609.) In contrast, civil service…