Matherly v. Allen

SHINN, Acting P. J. Plaintiff brought this action on his own behalf and on behalf of others alleged to be similarly situated against Wayne R. Allen, county manager of Los Angeles County, and other county officers, seeking a declaration that he is a permanent employee of a county fire protection district, subject to discharge only in the manner provided by the county charter for the discharge of permanent county employees in the civil service. The judgment declared: “That plaintiff and all others similarly situated are not employees of the County of Los Angeles, but are employees holding temporary positions in one or another of the county fire protection [96]districts in Los Angeles County; that the employment of plaintiff and all others similarly situated may be terminated at any time, and plaintiff and others similarly situated separated from such temporary positions; that plaintiff and all others similarly situated have not obtained or acquired the status of permanent employees holding permanent positions in either the service of the County of Los Angeles or in any of the county fire protection districts of the County of Los Angeles. ’ ’ Plaintiff appeals.

On June 29, 1944, plaintiff was employed as a fireman by the Lomita County Fire Protection District of the County of Los Angeles, a public corporation organized and existing under the provisions of division 12, part 3, chapter 2, articles 1-13, inclusive, of the Health and Safety Code. He served as a fireman in that district and in others to which he was assigned until he received notice of discharge from his employment on or about October 1, 1946. Under the authority of section 14446 et seq., Health and Safety Code, employees of the several county fire protection districts were by resolution of the board of supervisors, adopted February 20, 1940, brought under the civil service provisions of the county charter and the rules, regulations and procedures of the Los Angeles County Civil Service Commission. On July 3, 1944, the board of supervisors, as the governing board of the Lomita County Fire Protection District, adopted a resolution which specified the number of permanent positions in said district as well as in other districts, as “captains . . . firemen” etc., and also provided that the county forester or fire warden was allowed additional temporary positions equal to the number of employees specified in the resolution. The resolution continued as follows: “provided, however, that persons may be appointed to any such temporary or as needed position only for the duration of the national emergency and for six months thereafter. Persons appointed to such positions shall not be deemed to be holding permanent positions, and by reason of any such employment shall not thereby acquire classified civil service status as permanent employees of the District. 16.2 Persons appointed to any such temporary or as needed positions may be separated from such temporary or as needed positions at any time. . . . 16.4 All of the temporary or as needed duration-of-national-emergency positions provided for by this section shall terminate six (6) months after the present national emergency shall have ended. ’ ’ Authority for the