Brennan

Am. River Fire Prot. Dist. v. Brennan

Good Law
1997 Cal. App. LEXIS 792·58 Cal. App. 4th 20·67 Cal. Rptr. 2d 660·97 Daily Journal DAR 12505·97 Cal. Daily Op. Serv. 7789
Court of Appeal of CaliforniaAugust 29, 1997No. C025051California3,292 words

Opinion

Lead Opinion

Morrison, J.

Plaintiff, the American River Fire Protection District (the District), brought suit to recover payments to defendants, various retired firefighters, for a portion of their accrued but unused sick leave. The payments were made upon the firefighters’ retirement pursuant to applicable negotiated memoranda of understanding. The District contended the payments violated the extra compensation clause of article XI, section 10, subdivision (a) of the California Constitution. The trial court agreed with the *22 District’s position, and granted the District summary adjudication on the issue of the constitutionality of the payments. Believing this issue was dispositive of the case, the parties stipulated to entry of judgment to facilitate the appeal. Defendants appeal, contending the payments are constitutional. We agree and reverse the judgment.

Background

The District has a collectively bargained memorandum of understanding (MOU) with Sacramento Area Fire Fighters Local 522 (AFL-CIO). Prior to November 1, 1988, the MOU provided that upon retirement, accrued but unused sick leave would be converted to additional service credit in accordance with Government Code section 20862.8. 1…

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