Ames v. Board of Retirement

• Decision Date: 07 October 1983
• Citation: 195 Cal.Rptr. 453,147 Cal.App.3d 906
• Parties: William T. AMES, Plaintiff and Appellant, v. BOARD OF RETIREMENT OF TULARE COUNTY, Defendant and Respondent. Civ. 6990. F000387.
• Court: California Court of Appeals Court of Appeals

Page 453

195 Cal.Rptr. 453

147 Cal.App.3d 906

William T. AMES, Plaintiff and Appellant, v. BOARD OF RETIREMENT OF TULARE COUNTY, Defendant and Respondent.

Civ. 6990. F000387.

Court of Appeal, Fifth District, California.

Oct. 7, 1983.

Hearing Denied Dec. 21, 1983.

[147 Cal.App.3d 907] Ferrari, Cole & Tusan and Thomas J. Tusan, Fresno, for plaintiff and appellant.

Thomas D. Bowman, County Counsel, Lita O'Neill Blatner, Asst. County Counsel, Steven B. Bassoff and Kathleen BalesLange, Deputy County Counsel, Visalia, for defendant and respondent.

OPINION

ZENOVICH, Acting Presiding Justice.

This is an appeal from an order of the Superior Court of Tulare County denying a writ of mandate that would have required respondent, Board of Retirement of Tulare County, to classify appellant, a correctional officer II in the sheriff's office, as a "safety member" in the Tulare County Employees Retirement Association. The trial court found that appellant failed to show that his principal duties consisted of "active law enforcement" as defined in Government Code section 31469.3, subdivision (b).

FACTS ¹

Appellant was initially employed by the County of Tulare in October 1977 in the position of group supervisor I. He was assigned at Glenn Moran Hall, a juvenile detention facility under the probation department. His duties consisted of caring for wards of the juvenile court, supervision and maintenance of the hall. The group supervisor I position was classified as a safety member for retirement purposes. Appellant testified that when he was hired, the group supervisor test and physical were the same as for correction officers.

In August 1979, appellant transferred to the correctional officer II position in the Tulare County Sheriff's Department, a position which is not classified as a safety member position for retirement purposes. The Tulare County Sheriff's Department took over the correctional center from the probation department in April 1977. At that time, the correctional officers were classified as group supervisors.

The Tulare County Correctional Center is a combination minimum security and medium security facility. The largest portion of the center is unfenced, while the medium security area is a locked facility. The correctional center has a mess area, common area, shop area and living quarters or barracks. Inmates at the center are offered a variety of vocational and educational programs, as well as bible study groups, drug abuse and alcohol abuse programs.

As mentioned above, the correctional center is operated by the Tulare County Sheriff's Department but, with the exception of Lieutenant Peabody who is the supervisor, the center is staffed by correctional officers. There are no deputy sheriffs employed at the correctional center.

In order to be placed at the correctional center an inmate must pass through a screening process conducted by Lieutenant Peabody and Lieutenant Johnson, the administrator of the county jail. Inmates considered violent or potentially violent are not placed at the correctional center. If an inmate has a prior escape or a minor hold, he is placed in the medium security section. If an inmate has a major hold, he is placed at the county jail. The officers use their discretion in determining whether an inmate with prior drug offenses or disciplinary problems within the jail would be placed in the jail or the correctional center.

Appellant requested a hearing before the Tulare County Board of Retirement to consider his request to be put back into safety member status in connection with his duties as correctional officer II. A hearing was held before the board on June 11, 1981. The hearing was conducted in two parts. First, the board, along with counsel, took tours at the county jail and the correctional center. A second part of the hearing consisted of testimony from appellant and other witnesses relating to the duties of the correctional officers as well as duties of other law enforcement personnel in the county.

Two documents were submitted at this hearing relating to the job description for correctional officer II. The first document, the class specification for correctional officer II, defined the job in part as follows: "Under general supervision, to apply principles and practices of corrections in the care and custody of adult prisoners incarcerated in a minimum and medium security correctional facility and to do other work as required."

The major duties are described as follows:

"Processes the receiving, detention and release of adult inmates; maintains institutional security on a 24 hour basis; supervises assigned groups of adults engaged in work details and leisure time activities; applies the policies and procedures of the Tulare County Sheriff's Department and the Tulare County Correctional Center; confers with the shift sergeant on problem situations; writes reports of activities; assists Correctional Officer I; operates and maintains fire suppression equipment including an assigned County fire truck; appears in court as a witness; maintains the chain of evidence related to criminal prosecution and internal disciplinary matters; investigates incidents of inmate misconduct and victimization; acts in place of the shift sergeant in some instances; attends training programs; insures good relations with the visiting public while providing information and giving directions; utilizes appropriate techniques and methods used in all phases of the work."

A correctional officer II is expected to have knowledge of "Laws and regulations pertaining to the care and custody of inmates; Health and Safety Code and Penal Code; institutional policies and practices; dangerous drugs; court procedures; basic first aid and safety practices and procedures; inventory record keeping; basic math; U.S. monetary system; recreational games; cleaning implements and methods." A correctional officer II is expected to be skilled in "recognizing unusual activities and emergency situations and taking appropriate action; recognizing contraband such as weapons and drugs; commanding and using authority in inmate supervision; helping inmates resolve practical life problems; properly restraining inmates; ..." (Emphasis added.) In addition, a correctional officer II is expected to possess a sense of smell sufficient to identify prohibitive substances and detect smoke and fires and is expected to have "sufficient use of extremeties [sic] and strength to maintain security; manual dexterity to write legibly; endurance to run down inmates; capability to work under conditions of high and low temperatures, dust and odors." (Emphasis added.) Finally, a correctional officer II is expected to be willing to "work in a confined area with inmates," perform skin searches, and "use physical force and take a life if necessary; ..." (Emphasis added.)

The second document describing appellant's job description was the performance appraisal form. ² In this form, appellant was rated on inmate supervision, reports and record keeping, safety and security, facility operation, and training and coordination. Under the category of inmate supervision, the duties were listed as follows:

"Processes receiving, detention and release of inmates. Supervises inmates following departmental & institutional policies and procedures. Determines need for disciplinary action and acts accordingly. Conducts inmate searches. Transports inmates. Helps resolve inmates problems both personal and interpersonal. Subdues aggressive inmates and apprehends escapees." (Emphasis added.)

Under the category of safety and security, the following duties were listed:

"Maintains institutional security. Screens incoming and outgoing mail, packages and phone calls. Searches visitors, vehicles, barracks and inmates. Operates and maintains fire suppression equip[ment]. Prevents possible dangerous or emergency situations. Observes and responds to unsafe practices and situations. Administers first aid and C.P.R. Operates communication equipment." (Emphasis added.)

Appellant, describing the duties he performed, stated that he transported inmates from the correctional center to hospitals and other medical facilities and during that time he was in charge of their custody. During these times, he was not accompanied by a sheriff's deputy and was the only person with the inmate other than the medical staff. In transporting the medium security inmates to the hospital, the correctional officers were required to put chains, handcuffs and leg irons on these inmates. When inmates were returned to the correctional center, the correctional officers would remove these restraints. Appellant further testified that he was responsible for conducting searches of inmates and these searches would be both pat-down and strip searches. He also stated correctional officers were called upon to make searches of visitors and other noninmates. On Sunday, visiting day, it was standard that almost every vehicle have at least a cursory type search. These searches were to be in the correctional officer's discretion. It was not necessary to get clearance from a deputy sheriff to conduct a search. In fact, appellant had conducted searches of visitors' vehicles that resulted in contraband being found. The contraband consisted of knives ammunition, drugs and alcohol. Any items seized in such searches were marked by the correctional officer so that they could later be used as evidence in any prosecution. Appellant had been subpoenaed several times but never had to testify.

Appellant testified Lieutenant Peabody said that if an inmate was trying to escape or flee, "he expected you to chase them until ... your tongue was hanging down to your chest, ..."

Appellant also testified that he and other correctional officers were directed to stake out certain drug drop sites which were used to smuggle drugs into the inmates at the correctional center. Appellant recalled an incident when an inmate was...