Henry H. v. Board of Pension Commissioners

Appellant Henry H. appeals from the superior court judgment denying his petition for a writ of mandate to compel the Board of Pension Commissioners of the City of Los Angeles (Board) to grant him a disability pension. Appellant contends that he was improperly denied pension benefits on the ground set forth in the charter that the disability “was due to or caused by . . . moral turpitude” (L.A. City Charter, art. XVIII, § 190.12) 1 because the charter provisions do not define “moral turpitude;” any moral turpitude herein was a symptom, rather than a cause, of his disability; and the Board had previously claimed that he was not disabled. We disagree, and for the reasons that follow, will affirm the judgment.

Appellant worked as a Los Angeles Police Department officer from 1971 to 1978. In June 1978, pursuant to article XVIII, section 190.12, appellant applied for a disability pension claiming service-connected psychiatric disability.

Appellant was examined by four psychiatrists and a psychologist whose reports were submitted as evidence to the Board. 3 Appellant told the doctors that he had been sexually molesting (or fondling) his stepdaughter since 1976 when she was…