Goleta Educators Assn. v. Dall'Armi

Opinion

COBEY, J.

Petitioners, Goleta Educators Association, Donna Nelson, and Diane Wyman (hereafter referred to as Association), appeal from a judgment denying their petition for a peremptory writ of mandate. The appeal lies. (Code Civ. Proc., §§ 1110, 904.1.)

[832]

The Association, an employee organization under the Winton Act (former Ed. Code, §§ 13081, subd. (a), 13090),

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sought a writ of mandate to compel the Goleta Union School District Board of Trustees (hereafter referred to as Board) to fix a retroactive salary increase and order it to be paid. The trial court found that such an increase would constitute an unconstitutional grant of extra compensation or allowance for services already rendered in violation of article IV, section 17, and article XI, section 10, of the California Constitution. The Association, on appeal, contends that the trial court’s conclusion of unconstitutionality was in error. For the reasons set forth below, we agree.

Facts

The facts of this case are not in dispute. Between March 12, 1975, and June 23, 1975, representatives of the Association and the Certificated Employee Council proposed a salary schedule for the 1975-1976 school year to the Board, which included a 12 percent cost of living increase above the 1974-1975 schedule. The Board made a counterproposal which contained a provision retaining the 1974-1975 salary schedule. On June 23, 1975, a “persistent disagreement” was declared, in accordance with former Education Code section 13087.1. A panel was convened on September 18, 1974, to investigate the facts and to make findings. As a result of this fact-finding process, the Board unanimously approved a 6 percent salary increase for the 1975-1976 school year, to become effective on October 17, 1975 and an additional single sum in an amount equal to the difference between the total increase effective October 17, 1975, and the amount which would have been received if the increase had been made effective as of September 11, 1975.

During this period, the certified employees were employed under written “offers of employment” which specified salary amounts based on the 1974-1975 salary schedule. They were paid these amounts until the salary increases became effective on October 17, 1975.