Stockton Police Officers' Ass'n v. City of Stockton

Defendants, City of Stockton and its director of personnel services, Roger Fong, (collectively the City) appeal from a judgment granting plaintiff, the Stockton Police Officers’ Association (SPOA), a preliminary injunction. The injunction, mandatory in effect, compels the City to “meet and confer” regarding a change in psychological counseling services which the City had already put into effect. Because SPOA waived its right to meet and confer on the issue, we shall reverse the judgment.

The material facts are undisputed. Director Fong sent SPOA a letter dated June 4, 1986, advising that the current contract for psychological counseling services would soon expire and the City was interested in moving toward a different type of counseling service. In the letter Fong solicited “input” on the subject from SPOA and requested a response by June 17, 1986. Richard Neely, SPOA’s president, received the letter sometime after June 17, 1986. He apparently did not request additional time to respond.

On September 2, 1986, Fong and Neely attended a meeting of a subcommittee of the City council at which the issue of counseling services was discussed. At that time the council had not…