Allen v. State Board of Equalization

California Court of Appeal Feb 17, 1941 No. Civ. 12800Published

Before: Moore

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Holding. A civil service employee cannot obtain a higher classification or salary status simply by performing the duties of a higher position without undergoing the constitutionally required competitive examination and certification process.

Issues

Whether a civil service employee may be reclassified to a higher position based solely on the performance of duties associated with that higher class.
Whether an employee may recover the salary differential between their official classification and a higher position based on duties performed without formal promotion.

Disposition. affirmed

Quotations verified verbatim against the opinion

“In view of the quoted language of article XXIV, no official or board could by order made, or by services performed, promote an employee in the classified service to a position in a higher class.”

“The acts of the head of a department of the state do not have the sanctity of even a legislative enactment. Far short do they fall of the force of a provision of the organic law.”

[91]

MOORE, P. J.

Appeal from judgment after order sustaining demurrer without leave to amend. Petitioners had been certified as eligible for, and had been appointed to, positions of “collector” of State Board of Equalization. While holding those positions at salaries of $120 per month, they were assigned to, and for different periods performed the duties of the position of “investigator” which is classified as a higher position, requires a different examination and pays a salary of $150 monthly. Subsequently they all qualified for and were certified as eligible for the position of investigator or took other positions in the classified service.

By a writ of mandate, petitioners sought to require respondents to reclassify and reinstate them to the positions of investigators, State Board of Equalization, for the periods during which they were collectors; to correct the books and records of the California State Personnel Board to conform to the duties, services and work performed by the petitioners during the respective periods in which they performed the duties of investigator while classified as, and drawing the salary of the position of collector; and to direct respondents to pay to each of the petitioners the respective amounts alleged to have been earned by them while performing the duties of investigator when they held positions of collector.

The question for our determination is

whether a Civil Service employee, who has performed the duties of one of a higher class than the class in which his position is rated, may require the Personnel Board to classify him in such higher position for the period during which he served in that position and may recover a judgment to compel the controller to pay the differential between the salary of the lower class and that of the higher class of civil service.

In substance the petition alleges that each of the sixteen petitioners was at various times from July 2, 1935, to August 26, 1937, appointed to the position of collector of said board of equalization at a salary of $120 per month during said period; that each petitioner, except Davis and Garrett, passed a “promotional examination for investigator” on or about May 19, 1937; that each was thereafter placed upon the eligible list -for the positions of investigator; that thereafter between December 1, 1937, and March 1, 1938, they were appointed to the positions of investigator at a salary of $150

Allen v. State Board of Equalization

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MOORE, P. J.

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