Hegarty

Hegarty v. Soher

Good Law
12 Cal. Rptr. 210·190 Cal. App. 2d 509·1961 Cal. App. LEXIS 2330
Court of Appeal of CaliforniaMarch 27, 1961Civ. No. 19319California1,563 words

Opinion

Lead Opinion

Woodfred, J.

Plaintiffs, a policeman and a fireman, brought this proceeding to require the Civil Service Commission of San Francisco to certify to the board of supervisors certain longevity pay provisions of the city of Los Angeles, pursuant to sections 35.5.1 and 36.2 of the San Francisco Charter. 1 Judgment was rendered for plaintiffs, granting declaratory relief and directing the issuance of a writ of mandate. Our examination of the record convinces us that the Los Angeles longevity pay rates are not of the type which section 35.5.1 or 36.2 requires the commission to certify and that the judgment should be reversed.

For a number of years, until the enactment of section 35.5.1 in 1952, the salaries for the various classes of positions in the police department were fixed by section 35.5 of the charter. When section 35.5.1 took effect, section 35.5 fixed the annual compensation of “police officers, police patrol drivers and women protective officers” at $3,480 for the first year of service, $3,660 for the second year, $3,900 for the third year, and “for the fourth year of service and thereafter $4,080.” For other members of the department, section 35.5 fixed salaries without gradation…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.