Sharp

Petitioner and appellant David Sharp (Sharp) appeals from the judgment of the court below denying his petition for writ of mandate in which he sought to set aside the action of respondent, the Los Angeles County Civil Service Commission (the Commission), in adopting the findings and conclusions of a hearing officer it appointed to hear Sharp’s grievance or, alternatively, to compel respondent, the City of El Segundo (the City), to explain or substantiate its selection of another person to fill the vacant fire department battalion chief vacancy. We affirm the judgment.

Statement of the Case

In the fall of 1989, the City announced a vacancy in the City’s fire department for the position of battalion chief. Fire department personnel are within the City’s classified service and the recruitment, employment and promotion of such personnel is governed by the personnel merit system adopted by City Ordinance No. 586.

Pursuant to section 9(A) of ordinance No. 586, the City held a competitive promotional examination for the vacant battalion chief position. Three candidates, including Captain Eric Moore (Moore) and Sharp, applied for the examination. Moore and Sharp successfully…