Rapp v. Gibson

TRAYNOR, J.

Plaintiff, the auditor of Kern County, brought this action for declaratory relief against all of the incumbent elective officers of that county to determine the effective date of a salary ordinance adopted by the Board of Supervisors of Kern County on December 31, 1957, increasing the compensation of these officers. The officers contend that the increase became effective on February 1, 1958, as provided in the ordinance. The auditor contends that the California Constitution prevents the salary ordinance from becoming

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effective until after defendants’ terms of office expire on January 5, 1959.

1

The Constitution provides that “the compensation of any county, township or municipal officer shall not be increased after his election or during his term of office, ...” (art. XI, § 5.) This section was amended in 1944 to permit the Legislature to suspend the provision “for any period during which the United States is engaged in war and for one year after the termination of hostilities therein as proclaimed by the President of the United States. ’ ’ Pursuant to this amendment, the Legislature suspended the provision during “time of war” (Gov. Code, § 53071). “War” is defined in section 53070 of the Government Code as “that period of time commencing: (a) When Congress declares war; or (b) When the armed forces of the United States are engaged in active military operations against any foreign power whether or not after war has been formally declared; . . . and ending one year after the termination of hostilities therein as proclaimed by the President of the United States.”

The trial court found that beginning in 1950 the armed forces of the United States were engaged in active military operations in Korea that constituted “hostilities” and a “war” within the meaning of section 53070, subd. (b); that no proclamation has been issued by the President specifically terminating these hostilities; and that under section 53071, the constitutional prohibition against salary increases is still suspended. The court therefore held that the salary increases were effective February 1, 1958. Plaintiff contends that the termination of hostilities in the Korean conflict has been proclaimed by the President and that therefore the salary increases cannot become effective before January 5, 1959, the expiration date of the terms of office during which the salary ordinance was adopted. We agree with this contention.