San Diego County Deputy Sheriffs Ass'n v. San Diego County Civil Service Commission

In early 1997 the San Diego County Sheriffs Department terminated the employment of Deputy Sheriffs Chris Volmer and Barri Woods (together appellants). Appellants filed administrative appeals of the termination orders. The appeals were heard before hearing officers. In June 1997 the San Diego County Civil Service Commission (Commission) adopted the hearing officers’ recommendations and reversed the termination orders, reinstated appellants’ employment and restored their backpay.

*1086 On July 24 appellants requested Commission include interest in the backpay awards pursuant to Civil Code 1 section 3287, subdivision (a). Commission deferred action on their requests. Appellants then filed the current action seeking a writ of mandate, arguing that under Goldfarb v. Civil Service Com. (1990) 225 Cal.App.3d 633 [ 275 Cal.Rptr. 284 ] (Gold farb) Commission was obligated to include interest in the backpay awards. The trial court concluded that American Federation of Labor v. Unemployment Ins. Appeals Bd. (1996) 13 Cal.4th 1017 [ 56 Cal.Rptr.2d 109 , 920 P.2d 1314 ] (AFL) overruled Goldfarb . It construed AFL as holding that absent an express statutory authorization an…