Bagley v. Washington Township Hospital District

421 P.2d 409, 65 Cal. 2d 499, 55 Cal. Rptr. 401, 1966 Cal. LEXIS 218
CourtCalifornia Supreme Court
DecidedDecember 20, 1966
DocketS. F. 21831
StatusPublished
Cited by148 cases

This text of 421 P.2d 409 (Bagley v. Washington Township Hospital District) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bagley v. Washington Township Hospital District, 421 P.2d 409, 65 Cal. 2d 499, 55 Cal. Rptr. 401, 1966 Cal. LEXIS 218 (Cal. 1966).

Opinions

TOBRINER, J.

In the present case we consider once again the constitutionality of restraints imposed upon the political activities of a public employee. We once again review the factors which circumscribe the power of the government to exact as a condition of public employment a waiver of constitutional rights.

We have recently held that only a “compelling” public interest can justify the imposition of restraints upon the political activities of public employees and that, “It must appear that the restrictions . . . are not broader than are required to preserve the efficiency and integrity of the public service.” (Fort v. Civil Service Com. (1964) 61 Cal.2d 331, 337-338 [38 Cal.Rptr. 625, 392 P.2d 385].) Similarly, in the present ease, we hold that a governmental agency which would require a waiver of constitutional rights as a condition of public employment must demonstrate: (1) that the political restraints rationally relate to the enhancement of the public service, (2) that the benefits which the public gains by the restraints out[502]*502weigh the resulting impairment of constitutional rights, and (3) that no alternatives less subversive of constitutional rights are available.

According to defendants, the particular restraints involved here may be sustained because they do no more than prohibit the public employee from campaigning against his own superior, an inhibition which has been upheld in Fort. We shall explain, however, that these restraints cover a far wider field of political participation than the campaign against one’s superior. To the extent that the restraints operate beyond the sphere of the proffered justification they advance no compelling public interest and exact the waiver of constitutional rights without compensating public benefit. Such restraints cannot stand; a dismissal predicated upon them must be reversed.

In April 1960 the defendant hospital district hired plaintiff as a nurse’s aide. In this capacity plaintiff performed such tasks as bathing patients, changing beds, and taking temperatures. The record shows that plaintiff consistently performed her assigned duties to the complete satisfaction of her superiors.

Late in 1963 a number of citizens became dissatisfied with the policies of the defendant district and commenced a campaign to recall from office certain of its directors. Plaintiff participated in the activities of this group by attending some of its meetings, circulating recall petitions and distributing literature. The record indicates that plaintiff confined her activities on behalf of the recall campaign to her off-duty hours and that in seeking to influence interested citizens to vote for the recall she did not advise them of her employment by the district.

On February 7, 1964, the hospital administrator issued to all hospital personnel a memorandum entitled “Political Activities of Public Employees.” The memorandum stated: “Notice is hereby given that the Board of Directors of the Washington Township Hospital District [has] instructed the Administrator to place all employees on notice that employee participation in any political activity for or against any candidate or ballot measure pertaining to the . . . District is. unlawful and will not be acceptable conduct for an employee of this hospital and shall constitute grounds for disciplinary action and/or dismissal.” The memorandum proceeded to state that the employees were “further advised” of certain sections of the Government Code relating to the polit[503]*503ical activities of public employees. The memorandum quoted in full the language of Government Code section 3205 which provides: “No officer or employee whose position is not exempt from the operation of a civil service personnel or merit system of a local agency shall take an active part in any campaign for or against any candidate, except himself, for an office of such local agency, or for or against any ballot measure relating to the recall of any elected official of the local agency. ”

Plaintiff thereupon sought to enjoin the district from representing to its employees that participation in the recall campaign was unlawful and from threatening or instituting reprisals against any employee for participating in that campaign.

While plaintiff’s suit for an injunction was pending, the assistant hospital administrator called plaintiff into his office and demanded her assurance that she had withdrawn from participation in the recall movement and that she intended “to obey the letter and spirit of the directive of the Board of Directors.” He also stated that plaintiff’s failure to give such assurance would result in her prompt dismissal “on the ground that active participation in recall activities by any employee while remaining an employee of the hospital district causes a disruption of employee relations by creating dissension and unrest among employees, which in turn disrupts and impairs the service to the patient and the public.” Plaintiff indicated that she intended to continue her participation in the recall movement. Her employment was thereupon terminated. Plaintiff has since amended her complaint to seek reinstatement, back wages and punitive damages.

In urging us to affirm the action of the trial court in sustaining a demurrer to plaintiff’s complaint, defendant district notes that it maintains no civil service or merit system for its employees and that section 32121, subdivision (h), of the Health and Safety Code declares that employees of local hospital districts hold their positions “at the pleasure” of the hospital board. Since no provision of constitutional or statutory law purports to give plaintiff a right to secure or retain employment by the board, defendant urges that its right to terminate her employment knows no legal limit.

Despite the antiquity of this argument, its reasoning today stands utterly discredited. Although an individual can claim no constitutional right to obtain public employment or to receive any other publicly conferred benefit, the government [504]*504cannot condition admission to such employment or receipt of such benefits upon any terms that it may choose to impose. As Professor Thomas Beed Powell long ago observed, “Logically a thing which may be absolutely excluded is not the same as a thing which may be subjected to burdens of a different kind, even though such burdens would be regarded by all as less onerous than the burden of absolute exclusion. The ‘power of absolute exclusion’ is a term not identical with the ‘power of relative exclusion’ or the ‘power to impose any burdens whatsoever.’ ” (Powell, The Right to Work for the State (1916) 16 Colum.L.Rev. 99, 111.)1 Today courts and commentators alike recognize without question that the power of government, federal or state, to withhold benefits from its citizens does not encompass a supposed “lesser” power to grant such benefits upon an arbitrary deprivation of constitutional right.2

The faulty logic inherent in defendant's proffered syllogism was rejected by this court in Danskin v. San Diego Unified School Dist. (1946) 28 Cal.2d 536 [171 P.2d 885], That case involved a school district which had undertaken to confine the use of its buildings to organizations whose members gave a satisfactory account of their views. In the course of that opinion we declared: ‘ ‘ The state is under no duty to make school buildings available for public meetings [citations].

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Bluebook (online)
421 P.2d 409, 65 Cal. 2d 499, 55 Cal. Rptr. 401, 1966 Cal. LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bagley-v-washington-township-hospital-district-cal-1966.