Asher v. City of Los Angeles

KINGSLEY, J. Prior to the events herein involved, the Los Angeles Fire Department had (so far as herein involved) three ranks or grades: fireman (Code 2111), auto fireman (Code 2121) and engineer of fire department (Code 2131). [838]Petitioners had been duly appointed to, and held, positions as auto firemen.1

In 1960, the department, with the concurrence of the Civil Service Commission and of the city council, reorganized the departmental structure. In addition to the substitution of a three-platoon system for a two-platoon system, the position of auto fireman was made a “terminal” post—i.e., no new appointments were to be made to that position and it would be discontinued as soon as all then existing auto firemen died, retired, resigned or were promoted. By action effective July 1, 1960, the duties formerly assigned to the position of auto fireman were divided, some being reassigned to the “Firemen” position and some to the “Engineer” position. By ordinance, the city council created, as of January 1, 1961 (the date set for the institution of the departmental reorganization), several hundred new positions in the “Engineer” class, and reduced the authorized number of auto firemen from 330 to 90, but with a proviso that this number was to be increased to the extent necessary to keep in that position all the then auto firemen until they died, retired, resigned or were promoted. By reason of a promotional examination, 119 of the 330 auto firemen qualified for promotion to the engineer grade. Petitioners, not having been promoted,2 sought a writ of mandate to compel the automatic reclassification of all auto firemen into the higher paid engineer class. They are still employed by the department, remain classified as auto firemen and continue drawing the pay established for that position. They have been assigned to perform duties which, while within the duties of the “Fireman” position as currently reclassified, were duties (although of the lower [839]skills) which were among the duties of an auto fireman prior to the reorganization.

Except for one stipulation of fact hereinafter referred to, the case was submitted to the trial court on the verified petition, a verified answer thereto, and reply. The pleadings are an admixture of allegations of fact, conclusions of law, and argument.