Throne v. City of Palos Verdes Estates

Opinion

ROTH, P. J.

Respondent was employed as a police officer by appel- | lant City of Palos Verdes Estates (the City) for a period of 28 years, from 1949 until June 2, 1977. On the latter date, he was retired by the City as a result of an industrially related medical disability. Respondent asserted that he declined retirement until such time as he had utilized all accumulated sick leave standing to his credit. When the City rejected his proposal, he initiated a proceeding for writ of mandate in the superior court to require its acceptance, resulting in a judgment granting the petition. This appeal followed. We affirm.

Though anticipated otherwise by appellant, respondent does not dispute the notion that local and not state law determines entitlement to sick leave at the time of retirement. (Gov. Code, § 21025.2; see

Batters

v.

City of Santa Monica

(1980) 101 Cal.App.3d 595 [161 Cal.Rptr. 728];

Robertson

v.

City of Inglewood

(1978) 84 Cal.App.3d 400 [148 Cal.Rptr. 560];

Campbell

v.

City of Monrovia

(1978) 84 Cal.App.3d 341 [148 Cal.Rptr. 679];

Patton

v.

Governing Board

(1978) 77 Cal.

[143]

App.3d 495 [143 Cal.Rptr. 593];

Van Riessen

v.

City of Santa Monica

(1976) 63 Cal.App.3d 193 [133 Cal.Rptr. 618]. Cf.