Doliente

The San Diego County Superior Court granted Avelino Cabe Doliente’s petition for a writ of mandate, requiring San Diego County (County), a subdivision of the State of California, to continue him as a County employee, and holding unconstitutional two penal provisions in the county charter limiting county employment to United States citizens. The County appeals the judgment.

Sections 41 and 89 of the county charter prohibit the County from hiring any person who is not a United States citizen. A person who has declared his intent to become a citizen is excepted and may be hired, but *916 loses the exception if he fails to secure his naturalization certificate within six months after the time he is entitled to secure it. Any person convicted of violating sections 41 and 89 is subject to imprisonment of no more than six months or a fine ofino more than $500, or both.

The facts are not in dispute. Doliente, a citizen of the Philippines, lawfully entered the United States in - August 1968. A year later he declared his intention of becoming a United States citizen. In November 1969 the County employed him in its classified service. In 1973, having resided continuously in the…