Jarvis v. City of Los Angeles

Opinion

KINGSLEY, Acting P. J. Plaintiff appeals from a summary judgment entered against him in a taxpayer’s action to recover monies allegedly due to the City of Los Angeles from defendant Edelman. We affirm.

Defendant Edelman is a member of the city council of defendant city. Pursuant to a resolution of the council, he served, during the years 1966-1975, as a member of the boards of directors of nine Los Angeles .County sánitation districts. For attendance at the meetings of those boards, he received compensation, in addition to his salary as councilman, in an amount over $30,000. Plaintiff contends that he was obligated to turn that money over to the city and that he has not done so.

[836]I

Plaintiff contends that summary judgment was improperly granted because the declarations filed in the trial court showed the existence of a triable issue of fact. We reject that contention. Plaintiff relies on portions of a deposition by John S. Gibson, Jr., the president of the city council, which he interprets as expressing the opinion of Councilman Gibson that Councilman Edelman’s service on the sanitation boards was a “duty” of his office as councilman, within the meaning of the sections of the Los Angeles City Charter hereinafter discussed. The interpretation of those sections, and of sections of the Health and Safety Code hereinafter considered, is a matter of law, to be determined by judicial process and not as a matter for determination by Councilman Gibson.

II

Plaintiff relies on three sections of the Los Angeles City Charter, which sections provide as follows:

Section 15. “In addition to the powers and duties prescribed by this Charter, the officers and employees of the City shall have such other powers and perform such other duties as may be prescribed by the laws of the State of California, or by ordinance, order, or resolution adopted by the Council, and not in conflict with the provisions of this charter.”

Section 67. “No officer of the City shall be compensated by fees or commissions, but only by a fixed salary.”

Section 68. “No officer of the City shall retain any fee recompense or compensation received by him for the discharge of any duty of his office from any person other than the city, but shall immediately pay over to the Treasurer of the city all such sums of money so received.”