State Personnel Board v. Superior Court

WARNE, J. pro tem.* This is a petition by the State Personnel Board, hereinafter referred to as the “board,” to prohibit the respondent superior court from proceeding in the trial of the ease of California State Employees’ Association, hereinafter referred to as the “association,” and George A. Trigueros v. State Personnel Board, now pending before the Superior Court in and for the County of Sacramento (action No. 114410). No return has been filed to the [159]petition by respondent. However, by written stipulation lodged in this court the parties have stipulated that the matter may be submitted for decision and decided on the pleadings, records and briefs herein.

The action is one in mandate to compel the board to set aside a determination to hold an examination for the civil service class entitled “Law Enforcement Coordinator, Division of Forestry,” in the Department of Natural Resources on an open rather than a promotional basis. The association and Trigueros, a civil service employee, are seeking a decision by the respondent superior court that the board had no discretion or authority in law to hold an open examination for the civil service class of law enforcement coordinator under section 18950 of the Government Code.

At the request of the Department of Natural Resources, the board on April 25, 1958, adopted a motion to hold an open examination for said civil service class of “Law Enforcement Coordinator, Division of Forestry.” The association appeared at the meeting and objected and also at a previous meeting held on April 12, 1958, where the matter was discussed.

On May 23, 1958, the association in a document entitled “Petition for Rehearing” petitioned the board “to vacate its decision previously rendered . . . for an open, non-promotional examination . . .,” which was denied on June 6, 1958.

Meanwhile, the executive officer of the board and his staff proceeded with the scheduling of the examination and issued an examination bulletin on May 19, 1958, scheduling the examination on an open, nonpromotional basis for July 26, 1958. The bulletin provided the last day for accepting applications would be on July 3, 1958.

Thereafter, on July 8, 1958, the association and Trigueros (the latter having applied to the board on July 1, 1958, to take the examination on both an open and promotional basis, which application on a promotional basis was rejected by the board) filed a petition for a writ of mandate in the respondent Superior Court of Sacramento County. An alternative writ was issued on July 9, 1958, ordering the board to set aside its order for examination on an open, nonpromotional basis and commanding that a new order issue requiring the examination to be held on a promotional basis and that the examination scheduled for July 26,1958, be cancelled; or in the alternative requiring the board to show cause for failure to do so.