Hegarty v. Soher

WOOD (Fred B.), J. pro tem.* Plaintiffs, a policeman and a fireman, brought this proceeding to require the Civil Service Commission of San Francisco to certify to the board of supervisors certain longevity pay provisions of the city of Los Angeles, pursuant to sections 35.5.1 and 36.2 of the San Francisco Charter.1 Judgment was rendered for plaintiffs, granting declaratory relief and directing the issuance of a writ of mandate. Our examination of the record convinces us that the Los Angeles longevity pay rates are not of the type which section 35.5.1 or 36.2 requires the commission to certify and that the judgment should be reversed.

For a number of years, until the enactment of section 35.5.1 in 1952, the salaries for the various classes of positions in the police department were fixed by section 35.5 of the charter. When section 35.5.1 took effect, section 35.5 fixed the annual compensation of “police officers, police patrol drivers and women protective officers” at $3,480 for the first year of service, $3,660 for the second year, $3,900 for the third year, and “for the fourth year of service and thereafter $4,080.” For other members of the department, section 35.5 fixed salaries without gradation according to years of service; e.g., $10,980 for the chief of police, $4,440 for photographers. (Stats. 1951, ch. 14 of Bes., pp. 4227, 4229.)

Section 35.5.1 changed this by giving the board of supervisors the power and the duty of fixing these salaries each year by ordinance, subject to certain limitations. (Ch. 5 of Bes., 2d Ex. Sess. of 1952; printed in the Stats, of 1953, p. 527, § 35.5.1 at p. 529.) It requires the civil service commission, not later than February 15 each year, to “survey and certify to the board of supervisors rates of compensation paid police officers or patrolmen employed in the respective police departments in all cities of 100,000 population or over” in this state. (Emphasis added.)

It is the duty of the board of supervisors, not later than April 1 of each year, “to fix rates of compensation for the members of the police department whose annual compensations are set forth in section 35.5 of this charter and said rates shall be in lieu of said annual compensations and shall be effective on the 1st day of July next following.” (Emphasis added.) This it does by first fixing the rate “for the fourth [511]year of service and thereafter” for “police officers, police patrol drivers and women protective officers” which “shall not exceed the highest rate of compensation paid police officers or patrolmen in regular service in the cities included in the certified report of the civil service commission.” (Par. (a) of § 35.5.1; emphasis added.)