Santa Monica Municipal Employees Ass'n v. City of Santa Monica

The Santa Monica Municipal Employees Association (MEA) petitioned the superior court to require appellants City of Santa Monica, City Council of the City of Santa Monica, and the Personnel Board *1541 of the City of Santa Monica (collectively referred to as the City in this opinion) to comply with various provisions of the Santa Monica City Charter and Municipal Code. Until MEA brought this petition, the procedure of the City had been to allow the Personnel Department to determine whether civil service examinations should be “open” or “promotional”; in the latter case, only current City employees were allowed to take the examinations.

The subject provisions involve the procedure by which vacancies in civil service positions in the City of Santa Monica are filled. The trial court agreed with MEA that, according to the applicable provisions, the City has a mandatory duty to submit reasons for conducting an “open” examination to the City personnel board pursuant to charter article XI, section 1107. The trial court ordered that a peremptory writ of mandate issue commanding the City to comply with charter article XI, section 1107, 1 and applicable provisions of the Municipal…