Tielsch v. City of Anaheim

Opinion

CROSBY, J.

George P. Tielsch appeals from the judgment denying his petition for peremptory writ of mandate to direct the City of Anaheim to either rescind the decision to assign him to a new position or grant him an administrative appeal of that determination.

I

Tielsch was appointed chief of police for the City of Anaheim in January 1979. As the result of health problems caused by work-related stress, he was placed on a salaried leave of absence in March 1982. On June 11, 1982, he applied to the Public Employees’ Retirement System for disability retirement.

Pursuant to Government Code section 21024, the city was required to determine whether Tielsch was “incapacitated for the performance of duty.” The Anaheim City Council delegated this responsibility to the city manager (Gov. Code, § 21034). He then issued administrative regulation

[573]

2.67 (A. R. 2.67) in order to establish a procedure for the city to determine the eligibility of local safety members for disability retirement.

1

As required by A. R. 2.67, the city manager appointed an independent hearing officer to take evidence and make findings and recommendations on Tielsch’s application. The hearing was scheduled for January 20, 1983.

While Tielsch’s retirement application was pending, the city created a new position, “Police Research Consultant,” which commanded the same salary and benefits as the chief of police. The city unilaterally transferred Tielsch to this position on January 14, 1982, the week before his disability retirement hearing, but advised him not to report for duty in that capacity pending the final decision on his application. The hearing proceeded as scheduled, and on March 9, 1983, the hearing officer served his findings, conclusions and recommendation. He wrote, “1. George Tielsch is mentally incapacitated from performing his usual and regular duties as Chief of Police. [H] 2. George Tielsch is physically and mentally able to perform the usual and regular duties of Police Consultant, [f] 3. That medical retirement be denied at this time.” The Anaheim City Manager followed the hearing officer’s recommendation and denied the application for disability retirement on March 23, 1983.