Bowers
Bowers v. City of San Buenaventura
Opinion
Lead Opinion
Ashby, J.
Defendant and appellant City of San Buenaventura (hereinafter City) appeals from a judgment granting a peremptory writ of mandate to compel City to pay salaiy and to follow certain personnel procedures on account of temporary military leave for plaintiff and respondent Darrell Bowers, a police officer and employee of City.
Plaintiff is a member of the National Guard. He took temporary military leave of absence from his employment as a police officer in order to serve National Guard duty for seven days in 1973, nineteen days in 1974, six days in 1975, and five days in 1976.
Military and Veterans Code sections 395 1 and 395.01 2 provide that a public employee shall be entitled to temporary military leave of absence for certain National Guard duty and “shall be entitled to receive his salary or compensation as such public employee for the first 30 calendar days of any such absence.”
*69 Contending that these statutes are inapplicable to it, City follows certain personnel and salary practices with regard to temporary militaiy leave which are not consistent with the statutes. The trial court found the statutes applicable and ordered City to revise its procedures and pay…