San Leandro Police Officers Ass'n v. City of San Leandro

Opinion

CHRISTIAN, J.

The San Leandro Police Officers Association, Local 55 of the International Association of Firefighters, AFL-CIO, and several employees of the police and fire departments of the City of San Leandro brought this action against the City of San Leandro and several of its officers, seeking a writ of mandate to compel the city council to enact an ordinance to grant the same benefits to the claimants as had previously been provided for all other management employees. The police and fire organizations also sought general damages of $25,000 each and attorneys fees. A motion by the city for judgment on the pleadings was granted as to the causes of action seeking damages.

After trial, the court made findings and rendered a judgment for issuance of a peremptory writ of mandate; the claimants were awarded

[556]

$1,500 for attorneys fees. The writ requires the City Council of the City of San Leandro to enact legislation with retroactive effect granting the individual respondents the benefits of the 3 percent salaiy and benefit program previously instituted by the city council for other management employees.

Both sides have appealed.

The Police Officers Association is an unincorporated association organized pursuant to Government Code section 3508, and is the bargaining representative of the officers and men of the San Leandro Police Department within the job classifications of patrolman, sergeant, lieutenant, and captain. Local 55 is an organization organized pursuant to Labor Code sections 1960-1963, and is the bargaining representative of the officers and men of the San Leandro Fire Department within the job classifications of fireman, engineer, lieutenant, battalion chief, deputy chief, and assistant chief. The claimants who appeared individually were management-level employees in the fire and police departments.

The City Council of the City of San Leandro adopted a resolution to implement the Meyers-Milias-Brown Act.

*

The resolution designated the classifications of police lieutenant, police captain, deputy fire chief, fire battalion chief, and assistant fire chief, as “management positions.” Thereafter, the city determined to create a “deferred management compensation program,” under the terms of which “management employees” of the City of San Leandro, except members of the police and fire organizations, would receive a benefit amounting to approximately 3 percent of their base salaiy. The deferred management compensation program was established by the city council by the adoption of a civil service rule which was made effective retroactive to April 1, 1972.