overturning trial court’s denial of attorney fees under the private attorney general doctrine after a review of the record
How later courts described this case
- overturning trial court’s denial of attorney fees under the private attorney general doctrine after a review of the record
Written by the judges who cited it.
The opinion
RICHARDSON, J.
I respectfully dissent. In my view, matters relating to the employment, compensation and discipline of police officers are municipal affairs. Accordingly, chartered cities such as Los Angeles may make and enforce ordinances on these subjects without limitation or restriction by any contrary state law. This seems to me to be man *147 dated by article XI, section 5, subdivision (a), of the California Constitution which provides that “City charters . .. shall supersede any existing charter, and with respect to municipal affairs shall supersede all laws inconsistent therewith.” (Italics added.)
The majority concedes that the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq.) “impinge[s] on the city’s implied power to determine the manner in which its employees may be removed,” as well as the city’s “general regulatory power over the [police] department.” {Ante, p. 138.) The act contains numerous restrictions upon the city’s power to discipline its police officers, including provision for an administrative appeal following any “punitive action,” broadly defined to include even mere reprimands or transfers. (Gov. Code, §§ 3303, 3304.)
Notwithstanding the breadth of article XI, section 5, subdivision (a), the majority concludes that “the maintenance of stable employment relations between police officers and their employers is a matter of statewide concern.” (Ante, pp. 139-140.) The majority fails to appreciate that if “stable employment relations” with public employees were the dispositive factor, every state law which called for terms or conditions of public employment less restrictive than those required by municipal charter would override all conflicting local ordinances on the subject. We have previously rejected any such approach. (See, e.g., Ector v. City of Torrance (1973) 10 Cal.3d 129, 132-133 [ 109 Cal.Rptr. 849 , 514 P.2d 433 ] [local residence requirement for city employees overrides contrary state law]; Bishop v. City of San Jose (1969) 1 Cal.3d 56, 62-63 [ 81 Cal.Rptr. 465 , 460 P.2d 137 ] [state prevailing wage law inapplicable to charter city employees].)
In the context of employment relations, the state Constitution seems to me to be quite explicit in establishing supervision of city police as a “municipal affair.” Not only does the Constitution provide that charter provisions regarding municipal affairs “shall supersede” any contrary state laws, but the very next subdivision of article XI empowers cities to provide by charter for “the constitution, regulation, and government of the city police force .. .. ” |(Id., § 5, subd. (b).) That same subdivision also recites that “plenary authority is hereby granted [charter cities] ... to provide ... the manner in which, the method by which, the times at which, and the terms for which the several municipal officers and employees ... shall be elected and appointed, and for their removal, and for their compensation, and for the number of . .. em *148 ployees that each shall have, and for the compensation, method of appointment, qualifications, tenure of office and removal of such ... employees.” (Ib id., italics added.)
It is difficult for me to see how the framers of our Constitution could have been more explicit in declaring their intention that the employment and regulation of local police officers be considered “municipal affairs.”
The express constitutional grant of “plenary authority” to charter cities furnishes conclusive “constitutional guidance” in this regard. (See Sonoma County Organization of Public Employees v. County of Sonoma (1979) 23 Cal.3d 296, 316-317 [ 152 Cal.Rptr. 903 , 591 P.2d 1 ]; Ector v. City of Torrance, supra, 10 Cal.3d 129, 132 .) As was recently expressed in Brown v. City of Berkeley (1976) 57 Cal.App.3d 223, 236 [ 129 Cal.Rptr. 1 ], ‘“It has been uniformly held that the organization, maintenance and operation of a police and fire department by a chartered city is a municipal affair and as such not subject to the control of the legislature.’ [Citation.] Moreover, under article XI, section 5(b), of the California Constitution chartered cities are specifically provided the authority to constitute, regulate and govern city police departments.”
The majority relies for its contrary conclusion almost exclusively upon Professional Fire Fighters, Inc. v. City of Los Angeles (1963) 60 Cal.2d 276 [ 32 Cal.Rptr. 830 , 384 P.2d 158 ], but that case is inapposite. It held only that the right of municipal employees to join a labor union was a matter of statewide rather than municipal concern. This holding is correct, but I see no inconsistency between it and the views which I herein express. Union activities neither directly nor inevitably conflict with nor infringe upon the cities’ constitutional power to employ, compensate and discipline its own municipal employees.
I would reverse the judgment.