California Ass'n of Professional Scientists v. Department of Finance

The state Department of Finance appeals from a judgment issuing a writ of mandate compelling it to take all feasible steps necessary to present salary adjustments approved by the state Department of Personnel Administration to the Legislature for possible appropriation. We reverse the judgment. We conclude the statutes on which the trial court relied impose no ministerial duties on the Department of Finance to perform the acts commanded by the writ.

STATUTORY BACKGROUND

Defendant Department of Personnel Administration (DPA) manages the nonmerit aspects of the state’s personnel system. (Gov. Code, § 19815.2.) 1 “In general, the DPA has jurisdiction over the state’s financial relationship with its employees, including matters of salary, layoffs and nondisciplinary *1232 demotions. (§§ 19816, 19816.2, 19825, 19826.)” (Tirapelle v. Davis (1993) 20 Cal.App.4th 1317, 1322 [ 26 Cal.Rptr.2d 666 ] (Tirapelle).)

The Legislature has delegated to DPA the authority to set salaries for state employees excluded from collective bargaining. (§§ 19825, 19826.) Employees excluded from collective bargaining include employees classified as supervisors. (§§ 3513, subd. (g), 3527, subd.…