McMillen

Appellant, an ambulance driver, was disciplined for failing to meet body weight standards promulgated by the Los Angeles City Fire Department. His petition for relief from the imposition of discipline was denied by the trial court. On appeal, he contends that (1) there was no evidence his weight interfered with his ability to perform his duties, therefore there was no just cause for discipline, (2) his right to challenge the department’s weight standards was not waived by his union’s written agreement to them and (3) the city is required to apply its rules regarding employees whose medical conditions impair their effectiveness or endanger public safety or welfare rather than treat this as a disciplinary matter. We conclude that the trial court correctly granted judgment in favor of respondent.

Facts

Appellant Douglas McMillen was hired in 1974 as an ambulance driver for the Los Angeles Fire Department (the department). The department prescribes height and weight limitations on its employees as part of its requirement that they be physically fit. The maximum allowable weight for a person five feet eight inches tall, McMillen’s height, was one hundred seventy-one…