Rosenfield

Like Bagley v. Washington Township Hospital Dist., ante, p. 499 [ 55 Cal.Rptr. 401 , 421 P.2d 409 ], the present ease requires us to consider the constitutionality of restraints imposed upon the political activities of public employees. In the present case, however, unlike Bagley , the employing agency does not even attempt to demonstrate that the restrictions imposed upon plaintiff’s political activities were necessary to maintain its efficiency and integrity but boldly asserts that it may dismiss for any reason whatsoever *561 an employee who has not attained protected civil service status. For the reasons set forth at length in the Bagley opinion, we conclude that the right asserted by the agency cannot be confirmed.

Plaintiff, Dr. Gerald Rosenfield, appeals from a judgment of dismissal entered pursuant to an order of the trial court sustaining defendant’s demurrer to his petition for a writ of mandate to compel his reinstatement with back pay. In his amended petition Dr. Rosenfield stated that his employment commenced on September 1, 1964, when defendant; the Alameda County Health Officer, “provisionally appointed” him to the post of assistant district health officer. Dr.…