Schmier v. Bd. of Trs. of California State Univ.

California Court of Appeal Oct 18, 1977 No. Civ. 16304Published

AI Brief

AI-generated · verify before citing

Holding. The court held that public employment is governed by statute rather than contract, meaning the legislature may change mandatory retirement ages without breaching contractual obligations to employees. Furthermore, the court rejected the argument that recent legislative policy statements rendered mandatory retirement statutes unconstitutional or retroactively applicable.

Issues

Whether a public employee has a vested contractual right to employment until a previously established mandatory retirement age.
Whether the Trustees of the California State University may be compelled to retain an employee beyond the statutory mandatory retirement age.
Whether statutory mandatory retirement based on age is unconstitutional in light of subsequent legislative policy declarations.
Whether Assembly Bill No. 568 should be applied retroactively to the petitioner's termination.

Disposition. affirmed

Quotations verified verbatim against the opinion

“[N]o employee has a vested contractual right to continue in employment beyond the time or contrary to the terms and conditions fixed by law.”

“We conclude Schmier’s employment was governed by statute rather than contract, as set forth in Miller, and no liability may be imposed by reason of his termination at the mandatory retirement age.”

“We find nothing expressed in the statute to negative the presumption the legislation is to be applied prospectively only”

Opinion

THE COURT.*

Walter D. Schmier appeals the dismissal of his petition for writ of mandate entered after a general demurrer to it had

[317]

been sustained without leave to amend. At issue is whether the Trustees of the California State University may be compelled to retain Schmier on active employment beyond the mandatory retirement age of 67 (Gov. Code, § 20981; Ed. Code, § 24207

In 1967 Schmier was hired as an assistant professor by the President of San Diego State College (now San Diego State University). At that time the mandatory retirement age for public employees was 70. Schmier successfully achieved tenure.

Effective June 21, 1971, Government Code section 20981 was amended to lower the mandatory retirement age for public employees to 67. A state college employee of the rank of professor or lower could elect to complete the quarter, semester or academic year during which he attained compulsory retirement age.

Schmier contends the college president had authority to contract on behalf of the state college trustees (Ed. Code, §§ 23608 and 23605). Since the “contract” was with reference to the acquisition of tenure and a compulsory retirement age of 70 (at the time of the contract), Schmier contends he has a contractual right to employment to age 70 and his termination at age 67 was a breach of his contract.

Miller

State of California,

18 Cal.3d 808, 813 [135 Cal.Rptr. 386, 557 P.2d 970], holds against Schmier’s contention and unless it can be distinguished, is controlling.

Miller

holds public employment is not held by contract but by statute: “[N]o employee has a vested contractual right to continue in employment beyond the time or contrary to the terms and conditions fixed by law.”

(Miller

Schmier v. Bd. of Trs. of California State Univ.

AI Brief

More from California Court of Appeal

Related research

AI Brief