Glensor, Clewe & Van Dine v. Andriano

KOFORD, P. J.

This is an appeal from a judgment for defendants following the sustaining of a demurrer to plaintiffs’ complaint. The action was for a writ of

mandamus

to compel the payment by the city and county of San Francisco of a claim of plaintiffs for attorney fees and costs. The board of election commissioners had employed plaintiffs to represent it in a proceeding by which it was sought to compel the board of supervisors to allow in the annual budget the amount estimated to be necessary by the board of election commissioners for that department for the then

[608]

ensuing year. That action was unsuccessful.

(Griffin

v.

Boyle (Jackson

v.

Badaracco),

202 Cal. 95 [259 Pac. 729].)

The question presented on this appeal is whether the board of election commissioners had authority to employ attorneys in that proceeding and make the expense thereof chargeable against the treasury of the city. The city attorney having ruled against the contention of the board of election commissioners appeared for and represented the respondents in that proceeding. The appellants cite the provisions of law and the charter giving the election commissioners general management and power over registrations and the holding of elections. They cite authorities which sustain the power of general legislative bodies of various municipal corporations (such as city councils, boards of supervisors and we may add in some eases boards of education) to employ special counsel in' certain cases. No. direct authority is cited supporting the action of the board of election commissioners in employing plaintiffs as counsel to represent it, but' it is claimed that the board has this power as an implied one.

The authorities cited by appellants we deem not to be in point because not dealing with controversies between two departments of the same municipality. This is not a case where counsel were employed to represent the municipality in an action with another party, but is an inter-departmental controversy. The board of election commissioners is a department of the city government and its powers are not such as to make it function independently from the other departments of the city government.