City of Fresno v. People ex rel. Fresno Firefighters, IAFF Local 753
Citation | 83 Cal.Rptr.2d 603,71 Cal.App.4th 82 |
Decision Date | 01 April 1999 |
Docket Number | Nos. F025765,F026444,s. F025765 |
Court | California Court of Appeals |
Parties | , 99 Cal. Daily Op. Serv. 2446, 1999 Daily Journal D.A.R. 3155 CITY OF FRESNO et al., Plaintiffs and Appellants, v. The PEOPLE ex rel. FRESNO FIREFIGHTERS, IAFF LOCAL 753 et al., Defendants and Appellants. |
APPEAL from a judgment of the Superior Court of Fresno County. James L. Quaschnick and Stephen J. Kane, Judges**.
Hilda Cantu Montoy, City Attorney; Sagaser, Hansen, Franson & Jamison, Howard A. Sagaser and Kimberly A. Gaab, Fresno, for Plaintiffs and Appellants.
Daniel E. Lungren, Attorney General, Rodney Lillyquist and Clayton Roach, Deputy Attorneys General, for Defendant and Appellant the People.
Carroll, Burdick & McDonough, Christopher D. Burdick, Rosemary Springer and Martin R. Gran, San Francisco, for the People ex rel. Fresno Firefighters, IAFF Local 753, and Fresno Police Officers' Association, and Defendants and Appellants.
Karl von Clausewitz wrote that war is a continuation of politics "by other means." (Bartlett, Familiar Quotations (15th ed.1990) 443.) In an all too similar way, litigation can be a continuation of labor negotiations by other means: while it may reflect the failure of its less bloody alternative, there is no guarantee that the eventual result of war or litigation will be timely, or even that it will resolve what was at issue in the original diplomacy or negotiation. 1 So it seems in the present case. Not only does this case involve a matter put before the Fresno electorate six years ago but, in addition, we are informed that the relevant employees eventually negotiated for salaries that exceeded the minimums previously established by the city charter provision in question here. 2 Still, the war goes on. 3
Before us once again, in F025765, is the issue of the efforts of the Fresno City Council and the City of Fresno (hereafter collectively City) to repeal portions of section 809 of the city charter establishing a methodology for setting levels below which salaries for police officers and firefighters could not be negotiated. On this appeal by the People, Fresno Firefighters, IAFF Local 753, and Fresno Police Officers' Association, we conclude the City's actions were not subject to the mandatory meet and confer requirements of the Meyers-Milias-Brown Act (MMBA). (Gov.Code, § 3500 et seq.) Accordingly, the City was not required to bargain to impasse prior to taking the unilateral step of placing the issue of repeal before the electorate. We affirm the judgment.
In the consolidated appeal, F026444, the unions challenge the trial court's denial of an award of attorney fees under section 1021.5 of the Code of Civil Procedure. The unions contend they won a previous appeal in this same dispute; they say the trial court abused its discretion in finding they were in the litigation primarily for pecuniary reasons, not on behalf of the public interest. The City cross-appealed from certain findings made by the trial court. In this instance, too, we affirm the trial court's order.
An earlier phase of this case was before us in F018749. We take judicial notice of the nonpublished opinion in that case, filed July 11, 1994, and modified on denial of petition for rehearing on August 10, 1994. The earlier opinion summarizes the factual and procedural history of the case. We quote at length from that opinion, with certain clarifications noted in brackets.
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