California State Employees' Ass'n v. State Personnel Board

Opinion

GOLDSTEIN, J.

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Petitioner California State Employees’ Association appeals from a judgment denying its petition for.a writ of mandate directing respondent State Personnel Board (hereinafter “Board”) to vacate its order establishing a class of civil service employees described as “Career Executive Assignments” (hereinafter “CEA”) and restraining respondent Board from holding executive sessions, except in cases specifically authorized by law.

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The Facts

On February 24, 1972, the respondent Board held a public hearing to consider the establishment of a class of civil service employees described in section 19220 of the Government Code,

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as “Career Executive Assignments.” Such classified employees were to act as advisors to the Public Utilities Commission in policy matters. After hearing an expression of views on the proposal of proponents and opponents thereof (among the latter the petitioner), the Board recessed the hearing and held an executive session. Following the executive session, the Board reconvened the public hearing and announced its decision to approve the proposal to create the CEA.

Petitioner’s Contentions

1. The Board is precluded by statute from holding executive sessions on matters relating to the creation of CEA.

2. This court has the authority to set aside action taken during an executive session held in violation of section 11120 et seq.

3. This court may restrain future violations of the law by respondent.

Resolution of petitioner’s contentions turns on whether the Board was forbidden by statute to hold executive sessions during its deliberations on public matters (except where such permission was specifically delineated and authorized).

The Law

Section 19220 authorizes the Board to establish the CEA category of public civil service employees, a class described therein as “well-qualified and carefully selected executives.”