Asher

Asher v. City of Los Angeles

Good Law
1963 Cal. App. LEXIS 1613·223 Cal. App. 2d 836·36 Cal. Rptr. 271
Court of Appeal of CaliforniaDecember 31, 1963Civ. No. 27562California1,617 words

Opinion

Lead Opinion

Kingsley, J.

Prior to the events herein involved, the Los Angeles Fire Department had (so far as herein involved) three ranks or grades: fireman (Code 2111), auto fireman (Code 2121) and engineer of fire department (Code 2131). *838 Petitioners had been duly appointed to, and held, positions as auto firemen.

In 1960, the department, with the concurrence of the Civil Service Commission and of the city council, reorganized the departmental structure. In addition to the substitution of a three-platoon system for a two-platoon system, the position of auto fireman was made a “terminal” post—i.e., no new appointments were to be made to that position and it would be discontinued as soon as all then existing auto firemen died, retired, resigned or were promoted. By action effective July 1, 1960, the duties formerly assigned to the position of auto fireman were divided, some being reassigned to the “Firemen” position and some to the “Engineer” position. By ordinance, the city council created, as of January 1, 1961 (the date set for the institution of the departmental reorganization), several hundred new positions in the “Engineer” class, and reduced the authorized number of auto firemen from 330 to…

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