Berumen

Berumen v. Los Angeles County Department of Health Services

Good Law
152 Cal. App. 4th 372·2007 Cal. App. LEXIS 1016·60 Cal. Rptr. 3d 890·2007 WL 1775804·26 I.E.R. Cas. (BNA) 391
Court of Appeal of CaliforniaJune 21, 2007B189886California2,842 words

Opinion

Opinion

Willhite, J.

INTRODUCTION

This appeal raises the question whether the Los Angeles County Civil Service Commission (Commission) has jurisdiction to entertain a claim that an employee has been subject to a “constructive” or “de facto” demotion. Based upon the pertinent provisions of the Los Angeles County Charter and Civil Service Rules, we conclude that the Commission lacks jurisdiction to do so. We therefore affirm the judgment denying appellant’s petition for a writ of mandate compelling the Commission to hear her claim.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant Margaret Berumen earned' degrees in science and health care management. The County of Los Angeles Department of Health Services (the Department) hired appellant in 1979. Since then, she has held a number of positions. In 1995, she was appointed to the civil service position of hospital administrator I at General Hospital at the Los Angeles County + University of Southern California Medical Center (Medical Center). In that capacity, she reported to David Runke, the Medical Center’s chief financial officer.

In 1998, the Department hired Roberto Rodriguez as chief executive officer and executive director of the Medical…

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