Mahler

The City of Buena Park (collectively, the City) and Kevin O’Rourke appeal from the grant of a petition for writ of mandate compelling the City to reinstate George F. Mahler to his position as fire captain. Additionally, Mahler was to receive full salary and all applicable benefits, and be allowed to defer his retirement until he exhausted all his accrued benefits as well as those benefits which would accumulate while exhausting those previously accrued.

Mahler appeals from that portion of the judgment denying him attorney fees.

I

Mahler, while employed by Buena Park as a fire captain, suffered an industrial injury which rendered him permanently unable to perform his job. Having accumulated over 4,000 hours of unused sick leave, he requested his retirement become effective upon exhaustion of these accrued benefits. The City, relying on Resolution No. 8413 (hereafter Resolution), section 4(K), offered instead to pay Mahler half the salary value of the accrued sick leave hours.

The trial court found that Mahler was entitled to exhaust his sick leave prior to his retirement, but denied his request for attorney fees.

II

Government Code section 21025.2 provides in…