Civil Service Ass'n v. Redevelopment Agency

Opinion

RACANELLI, P. J. The Civil Service Association (of Local 400, S.E.I.U., AFL-CIO) and Kevin Williams (either Association and Williams or collectively appellants) appeal the denial of their petition for writ of mandate following Williams’ termination as a full-time, permanent employee of respondent San Francisco Redevelopment Agency (Agency). We reverse and remand with instructions for the reasons explained hereafter.

Factual Background

The salient facts are essentially uncontroverted:

Appellant Williams was a full-time, permanent employee of respondent San Francisco Redevelopment Agency with the classification of “affirmative action specialist.” On November 4, 1980, as a result of an alleged physical confrontation between Williams and James Wilson, his supervisor, the latter informed Williams of his suspension for three days.

On November 10, 1980, Williams received written notice of termination from Jane Hale, deputy executive director for finance and administration; the notification provided that the termination decision, effective November 14, 1980, was subject to a right of appeal “through normal management channels to the Executive Director” (Wilbur Hamilton).

On November 19, 1980, a hearing was held before the deputy executive director at which several witnesses, including Williams, testified; none of the proceedings were reported.

On November 20, 1980, the deputy executive director informed Williams by letter that the decision to discharge was upheld.

On November 24, 1980, Williams initiated a request for further appeal to the executive director.

On December 4, 1980, the executive director denied the request stating, in substance, that responsibility for hearing appeals had been delegated to the deputy executive director pursuant to written Agency policy and that he was “satisfied” with her decision.

[1225]Thereafter, mandamus proceedings were instituted by Williams and the Association (his recognized employee organization) claiming the Agency’s failure to follow its written personnel policies governing administrative appeals constituted an abuse of discretion under the provisions of Code of Civil Procedure section 1094.5.