Neville

Neville v. County of Sonoma

Good Law
141 Cal. Rptr. 3d 570·2012 Cal. App. LEXIS 597·206 Cal. App. 4th 61·2012 WL 1820558·33 I.E.R. Cas. (BNA) 1577
Court of Appeal of CaliforniaMay 21, 2012No. A132673California8,177 words

Opinion

Lead Opinion

Lambden, J.

*65 Opinion

Cathy Neville appeals from the trial court’s judgment denying her petition for writ of mandate against the County of Sonoma (the County) and the Sonoma County Board of Supervisors (the Board). She filed the petition after the Board terminated her employment as the head of the County’s Department of Agriculture (the Commissioner) and as the County Sealer of Weights and Measures (the Sealer). Neville contends that under the Food and Agricultural Code and Business and Professions Code only the state had the authority to terminate her position. The County and Board maintain that the state has exclusive jurisdiction over granting and revoking licenses for the commissioners and sealers but the counties have the authority to terminate their employment for reasons related to purely local concerns. The trial court ruled that permitting the Board to terminate Neville’s employment did not impinge on the state’s power or authority under the statutes. We affirm the judgment.

BACKGROUND

The Commissioner/Sealer Position

County commissioners/sealers have several duties, some of which are performed under the direction and supervision of California’s Department of Food and…

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