Gamble v. City of Sacramento

PULLEN, P. J.

Petitioner at all of the times herein referred to was a member of the Police Department of the City of Sacramento and in receipt of a salary fixed by an initiative ordinance adopted by the people of that city.

In January, 1932, the City of Sacramento found it necessary, due to the financial and business depression, to drastically cut its expenses, and was faced with the problem of either reducing the personnel of the Police Department or obtaining contributions from the salaries of all its members. This matter was submitted to the members of that department, and it was unanimously agreed in writing by each officer that he would donate a designated number of days of service without pay to the City of Sacramento for the years 1932, 1933, 1934 and 1935, and each authorized the city to make up its payrolls accordingly. On each salary warrant appeared as an endorsement that the same was received as full payment for the services shown therein. It is for the recovery of $514 so deducted from his salary this petition for a writ of mandate was brought, and from a judgment against petitioner this appeal was taken.

The first point urged against the petition is that it is barred by the provisions of section 70 of the charter, the last deduction in salary being in December, 1935, and a claim was presented to the city for the amount withheld in February, 1937.

The petition is based upon the theory of an open book account which evidences the amount here sought as unpaid salary, and claims the statutes of limitation did not begin to run against the account until three years after the date

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of the last item. It seems clear, however, that payment of salaries by a municipality is not a book or credit account, but a cash transaction. There are no mutual unsettled salary accounts between an officer and the city; the payment is in full, and if any mistake arises, a cause of action accrues immediately. The compensation of a public officer is not in the nature of an account.

(Griffith

v.

Clay,

63 Iowa, 413 [19 N. W. 327].) As to the period of limitation the charter of Sacramento (sec. 70, Stats. 1935, p. 2522) provides that all claims or demands shall be presented within six months, and that provision supersedes the provision of the Code of Civil Procedure upon that subject.