Redondo Beach Police Officers Ass'n v. City of Redondo Beach

Opinion

KAUS, P. J.

Respondent City of Redondo Beach appeals from a

judgment granting a peremptory writ of mandate in favor of petitioner Redondo Beach Police Officers Association. The trial court also awarded attorneys’ fees to petitioner under Government Code section 800.

Facts

The undisputed facts are as stated in appellant city’s brief.

In December 1968, the city, to carry out the provisions of the Meyers-Milias-Brown Act (MMB), established four employee representation units. The Redondo Beach Police Relief Association was recognized as the representative of the police group and the Redondo Beach Civil Service Employees Association was recognized as the representative of the professional group. The city included in the professional

[597]

group the three police captains on whose behalf petitioner

1

filed this action. In 1973, department heads were removed from the professional group and placed in a new employee group designated as the “executive group.”

On November 3, 1975, the three police captains requested recognition as a separate bargaining unit within petitioner association. The city refused. This proceeding followed.

Discussion

We note at the outset that the trial court’s award of attorney’s fees under Government Code section 800 was amply justified.

2

The MMB Act provides as follows: First, any agency may designate “management and confidential employees” and restrict “such employees from representing any employee organization, which represents other employees of the public agency, . . .” (Gov. Code, § 3507.5.) Second, the agency may further prohibit certain law enforcement personnel from participating in employee organizations “where it is in the public interest to do so;

however, the governing body may not prohibit the right of its employees who are full-time ‘peace officers,’ [defined] to join or participate in employee organizations which are composed solely of such peace officers,