Civil Service Assn. v. Redevelopment Agency

California Court of Appeal Mar 22, 1985 No. A018807Published

Before: Racanelli

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Holding. The court held that a public agency's delegation of the quasi-judicial function of employee termination and appeal hearings to a subordinate, contrary to its own established personnel policies, constitutes an abuse of discretion and renders the resulting decision void. Consequently, the agency must provide the employee with the required appeal process before the executive director and issue formal findings to support any disciplinary decision.

Issues

Whether a public agency may delegate the quasi-judicial function of terminating a permanent employee and hearing appeals to a subordinate without express statutory authority.
Whether an executive director's post-hoc ratification of a subordinate's termination decision cures the failure to follow established personnel appeal procedures.
Whether an administrative agency is required to provide written findings to support a disciplinary decision in a quasi-judicial proceeding.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“The deputy executive director also purported to impose the ultimate disciplinary sanction of dismissal, a nondelegable exercise in the absence of express authority.”

“When an agency abuses its discretion and acts in excess of its prescribed powers, the action or decision taken is void.”

166 Cal.App.3d 1222 (1985) 213 Cal. Rptr. 1 CIVIL SERVICE ASSOCIATION, LOCAL 400, SEIU, AFL-CIO et al., Plaintiffs and Appellants,

REDEVELOPMENT AGENCY OF THE CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent.

Docket No. A018807. Court of Appeals of California, First District, Division One.

March 22, 1985. [1223] COUNSEL

W. Daniel Boone, Van Bourg, Weinberg, Roger & Rosenfeld and Van Bourg, Allen, Weinberg & Rogers for Plaintiffs and Appellants.

[1224] Lenell Topol, Leo E. Borregard, David J. Oster and Mark J. Doane for Defendant and Respondent.

OPINION

RACANELLI, P.J.

The Civil Service Association (of Local 400, S.E.I.U., AFL-CIO) and Kevin Williams (either Association and Williams or collectively appellants) appeal the denial of their petition for writ of mandate following Williams' termination as a full-time, permanent employee of respondent San Francisco Redevelopment Agency (Agency). We reverse and remand with instructions for the reasons explained hereafter.

FACTUAL BACKGROUND

The salient facts are essentially uncontroverted:

Appellant Williams was a full-time, permanent employee of respondent San Francisco Redevelopment Agency with the classification of "affirmative action specialist." On November 4, 1980, as a result of an alleged physical confrontation between Williams and James Wilson, his supervisor, the latter informed Williams of his suspension for three days.

On November 10, 1980, Williams received written notice of termination from Jane Hale, deputy executive director for finance and administration; the notification provided that the termination decision, effective November 14, 1980, was subject to a right of appeal "through normal management channels to the Executive Director" (Wilbur Hamilton).

Civil Service Assn. v. Redevelopment Agency

AI Brief

OPINION

RACANELLI, P.J.

FACTUAL BACKGROUND

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DISCUSSION

NOTES

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