LA CTY. SAFETY POLICE ASSN. v. County of LA

192 Cal. App. 3d 1378, 237 Cal. Rptr. 920
CourtCalifornia Court of Appeal
DecidedJune 25, 1987
DocketB022994
StatusPublished

This text of 192 Cal. App. 3d 1378 (LA CTY. SAFETY POLICE ASSN. v. County of LA) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LA CTY. SAFETY POLICE ASSN. v. County of LA, 192 Cal. App. 3d 1378, 237 Cal. Rptr. 920 (Cal. Ct. App. 1987).

Opinion

192 Cal.App.3d 1378 (1987)
237 Cal. Rptr. 920

LOS ANGELES COUNTY SAFETY POLICE ASSOCIATION, Plaintiff and Appellant,
v.
COUNTY OF LOS ANGELES et al., Defendants and Respondents.

Docket No. B022994.

Court of Appeals of California, Second District, Division One.

June 25, 1987.

*1381 COUNSEL

Silver, Kreisler, Goldwasser & Shaeffer, Stephen H. Silver and Lesley A. Sive for Plaintiff and Appellant.

De Witt W. Clinton, County Counsel, and Steven L. Houston, Deputy County Counsel, for Defendants and Respondents.

OPINION

HANSON (Thaxton), Acting P.J.

INTRODUCTION

This appeal arises from the superior court's judgment denying appellant and petitioner Los Angeles County Safety Police Association's petition for writ of mandate. This opinion will refer to the appellant as "petitioner," and to the County of Los Angeles and the Los Angeles County Board of Supervisors as "respondents."

Petitioner filed its petition on March 26, 1986, seeking to have respondents comply with California Penal Code section 830.4, subdivision (h) by renaming "Security officers of the County of Los Angeles" as "Safety police officers of the County of Los Angeles" for all employment-related purposes.

After respondents' answer and petitioner's response, the trial court heard the matter on July 22, 1986, and in its July 28, 1986, statement of decision, denied the petition. Petitioner filed its September 9, 1986, notice of appeal from a judgment signed on August 5, 1986.

*1382 FACTS

Respondents accept petitioner's factual statement, except that they deny they have failed to comply with Penal Code section 830.4, subdivision (h).

Petitioner, the certified majority representative of employees the respondents identify as "Security officers," is an employee organization as defined by California Government Code section 3501.

Until 1984, pursuant to Penal Code section 830.4, subdivision (h), the peace officers of petitioner's membership were designated as "Security officers of the County of Los Angeles." In 1984, the California Legislature amended section 830.4, substituting the words "Safety police officers" for the words "Security officers" in subdivision (h).[1] That section defines the duties and authority of the employees involved in this appeal.[2]

Respondent Los Angeles County Board of Supervisors establishes the name and title of county employees. Petitioner requested respondent's representatives to change the name, "Security Officers of the County of Los Angeles," to "Safety Police Officers of the County of Los Angeles," according to statutory language. Respondent refused.

Kathie King, a member and former president of petitioner's board of directors, and a Los Angeles County security officer for nine years, submitted a declaration supporting the petition. It stated that changing the employee title would cause petitioner's membership to gain significant noneconomic benefits, increased officer safety, improved employee morale, and increased ease in performing the officers' duties.

Elliot Marcus, acting deputy director of employee relations for respondent County of Los Angeles, submitted a declaration opposing the petition. It stated that respondent currently deems petitioner's members peace *1383 officers while performing their duties. His declaration further stated that since the most recent collective bargaining agreement began, the petitioner's members' duties, wages, hours, and other employment terms and conditions have not changed. Neither their status nor their authority as peace officers under section 830.4, subdivision (h) has changed; they perform the same functions and receive the same employee benefits.

The petition sought a writ of mandate to command respondents to rename petitioner's employee members "Safety Police Officers of the County of Los Angeles." The trial court's July 22, 1986, statement of decision denied the petition on three grounds.

First, citing section 4 of Statutes 1984, chapter 610, page 2339, which amended section 830.4, the trial court construed that the Legislature intended to vest peace officer powers in county security officers, not to mandate counties to change job titles or civil service classifications.

Second, California Constitution article XI, section 3, vests matters of local concern in the county, and designation of civil servants to act as security officers is a matter of local concern. Los Angeles County Charter section 35 empowers respondent board of supervisors to classify all positions included in the system.

Third, the trial court found that since the Legislature did not intend its 1984 amendments to section 830.4 to change either the benefits or status of petitioner's members, and because changing those employees' job title would not cause any practical benefits to them, the petitioner sought to enforce a purely theoretical claim for relief.

ISSUES

Petitioner on appeal claims that:

1. County of Los Angeles security officers lack authority to exercise their peace officer powers until they are renamed;

2. The trial court erroneously interpreted the Legislature's intent regarding Penal Code section 830.4, subdivision (h);

3. The definition of persons who may exercise peace officer powers is a matter of statewide concern; and that

4. County security officers will gain significant benefits by being renamed safety police officers.

*1384 STANDARD OF REVIEW

(1) The lack of substantial evidentiary dispute about petitioners' duties makes the proper interpretation of statutory language a question of law which this court reviews de novo, independent either of the trial court's ruling or of its rationales. (Ames v. Board of Retirement (1983) 147 Cal. App.3d 906, 916 [195 Cal. Rptr. 453]. See also Merrill v. Department of Motor Vehicles (1969) 71 Cal.2d 907, 917 [80 Cal. Rptr. 89, 458 P.2d 33].)

DISCUSSION

A.

(2) Petitioner erroneously argues that unless respondents rename the employees, those employees will lack authority to exercise peace officer powers pursuant to Penal Code section 830 et seq. The purpose of Penal Code section 830 et seq. is "to authorize the named persons to exercise the statutory powers of a peace officer." (Dyas v. Superior Court (1974) 11 Cal.3d 628, 635-636, fn. 3 [114 Cal. Rptr. 114, 522 P.2d 674].) Failure of a category of peace officers to appear on any of the lists in Penal Code chapter 4.5, however, does not deprive it of peace officer authority. "[P]eace departments could exist and law enforcement powers be exercised by organizations not named in the section." (Boxx v. Board of Administration (1980) 114 Cal. App.3d 79, 85 [170 Cal. Rptr. 538].)

B.

(3a) Respondents claim that the home rule provisions of the California Constitution bar the relief petitioner requests. Citing Curphey v. Superior Court (1959) 169 Cal. App.2d 261 [337 P.2d 169], respondents argue that California Constitution, article XI, section 4[3] provides Los Angeles County, *1385 as a charter county, with exclusive control over their civil service systems, and particularly over classifying employee titles.

Curphey,

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192 Cal. App. 3d 1378, 237 Cal. Rptr. 920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/la-cty-safety-police-assn-v-county-of-la-calctapp-1987.