Eldridge v. Sierra View Local Hospital Dist.

• Decision Date: 02 October 1990
• Docket Number: No. F012582,F012582
• Court: California Court of Appeals Court of Appeals
• Parties: Ruth W. ELDRIDGE, Plaintiff and Appellant, v. SIERRA VIEW LOCAL HOSPITAL DISTRICT et al., Defendants and Respondents.

Page 654

273 Cal.Rptr. 654

224 Cal.App.3d 311

Ruth W. ELDRIDGE, Plaintiff and Appellant, v. SIERRA VIEW LOCAL HOSPITAL DISTRICT et al., Defendants and Respondents.

No. F012582.

Court of Appeal, Fifth District, California.

Oct. 2, 1990.

Review Denied Dec. 20, 1990.

[224 Cal.App.3d 314] Frampton, Soley, Hoppe & Boehm and Scott W. Williams, Fresno, for plaintiff and appellant.

Hurlbutt, Clevenger, Long, Vortmann & Rauber and James S. Hurlbutt, Visalia, for defendants and respondents.

OPINION

GEO. A. BROWN, Associate Justice, Assigned. ^*

Ruth W. Eldridge appeals from a summary judgment in favor of the respondent, Sierra View Local Hospital District, a public agency, its board of directors and administrator. The appeal raises the issue of whether a local hospital district may lawfully prohibit a person from simultaneously holding the position of hospital district board member and hospital employee.

FACTS

In June or July of 1986 appellant, Ruth W. Eldridge, a nurse employed by Sierra View Hospital, announced her candidacy for a vacant position as a director on the Sierra View Local Hospital District Board of Directors. When the administrator of the hospital district learned of her candidacy, he became concerned about the propriety of a hospital district employee sitting on the board and brought the matter to the attention of the board. The board ultimately concluded that it was not appropriate for an employee to sit on the board while in the employ of the district. The board was of the opinion the two positions were incompatible and fraught with conflicts of interest. In an effort to address the perceived incompatibility, the board passed the following amendment to the bylaws of the hospital district:

"Section 8. Conflict of Interest

"......................

"It being perceived that the positions of member of the Board of Directors and employee of the District vested in any individual will necessarily produce conflicts of interest, or the strong possibility of conflicts of interest, in such individual, no employee of the District shall be eligible also to serve as a director of the District during his incumbency as such employee. An employee of the District shall be eligible to candidacy for election to the Board of Directors, and may be appointed to the Board of Directors in any case in which any other person could be so appointed, but shall not assume office on the Board of Directors until he or she has resigned his or her employment with the District."

Appellant was aware of the bylaw prior to the election. She was reminded of the bylaw after her election to the board and was told that her employment would be terminated immediately if she accepted the position. She nevertheless accepted the position to which she had been elected, and her employment at the hospital was terminated. The termination was solely because she had been elected to the board.

Appellant filed a petition for writ of mandate which claimed Sierra View Local Hospital District, Roger S. Good, administrator of the hospital district, and individual members of the board of directors of the hospital district (collectively referred to as the Hospital), unlawfully terminated her employment. The petition contains seven causes of action. The first three causes of action allege the Hospital violated appellant's civil rights by terminating her employment in violation of her right to substantive and procedural due process (first cause of action), in violation of her right to freedom of speech and assembly (second cause of action) and in violation of her right to equal protection (third cause of action). The petition also alleges her termination was in breach of contract (fourth cause of action), in breach of an implied covenant of good faith and fair dealing (fifth cause of action), in violation of public policy not to terminate employees for engaging in political activities (sixth cause of action) and in violation of the statutory prohibition contained in Labor Code section 1101 against terminating employees for engaging in political activities. Appellant seeks reinstatement and damages.

In April 1989 the Hospital's motion for summary judgment was granted.

DISCUSSION

Appellant contends the trial court misapplied the law in several respects when it granted the motion for summary judgment. Specifically, she argues the bylaw does not withstand legal scrutiny under established statutory prohibitions, constitutional principles and public policy.

In our democracy the right to seek and hold public office has been accorded special, sensitive protection as a fundamental and valuable constitutional right by our California courts. The Supreme Court has recently described every citizen's political rights:

"The right to seek public office and the right to the unrestricted exercise of the franchise are fundamental. They are protected by the First Amendment and article I, section 2 of the California Constitution." (Canaan v. Abdelnour (1985) 40 Cal.3d 703, 727, 221 Cal.Rptr. 468, 710 P.2d 268.)

"[T]his court has described the right to hold public office as 'valuable, fundamental and one that is subject to First Amendment protection....' [Citations.]" (Id. at p. 714, 221 Cal.Rptr. 468, 710 P.2d 268.)

" '[I]t is difficult to conceive of principles more central to a political democracy than the free and untrammelled access of the public to the ballot box and the reciprocal right of candidates to seek the public's suffrage. It follows, accordingly, that we examine with a close and questioning attention every intrusion, subtle or direct, which impairs or affects the unconditional exercise of these prerogatives.' [Citation.]" (Ibid.)

In Helena Rubenstein Internat. v. Younger (1977) 71 Cal.App.3d 406, 418, 139 Cal.Rptr. 473, the court said:

"We consider disqualification from public office a significant civil disability. In California, the right to hold public office has long been recognized as a valuable right of citizenship. In 1869, in People v. Washington, 36 Cal. 658, 662, our Supreme Court declared that '[t]he elective franchise and the right to hold public offices constitute the principal political rights of citizens of the several States.' In Carter v. Com. on Qualifications etc., 14 Cal.2d 179, 182 , the court pointed out: '[T]he right to hold public office, either by election or appointment, is one of the valuable rights of citizenship ... The exercise of this right should not be declared prohibited or curtailed except by plain provisions of law. Ambiguities are to be resolved in favor of eligibility to office....' (Italics added.) More recently, the high court, citing Carter, has termed the right to hold public office a 'fundamental right.' (Zeilenga v. Nelson, 4 Cal.3d 716, 720 [94 Cal.Rptr. 602, 484 P.2d 578]; Fort v. Civil Service Commission, 61 Cal.2d 331, 335 [38 Cal.Rptr. 625, 392 P.2d 385].) Thus, any ambiguity in a constitutional provision calling for forfeiture of an existing office and disqualification from holding public office should be resolved in favor of continued eligibility."

There is no California statute expressly prohibiting a hospital employee from serving on the hospital board of directors. However, with the exceptions noted in the statutory provisions, GOVERNMENT CODE SECTION 3203¹ flatly prohibits a local entity from placing any restriction on the political activities of any employee. ²

"Except as otherwise provided in this chapter, or as necessary to meet requirements of federal law as it pertains to a particular employee or employees, no restriction shall be placed on the political activities of any officer or employee of a state or local agency."

Section 3203 follows a declaration in section 3201 which states: "The Legislature finds that political activities of public employees are of significant statewide concern." Taken as a whole, chapter 9.5 of the Government Code is a strong declaration of state public policy protecting the political rights of public employees.

The exceptions contained in chapter 9.5 of the Government Code are narrowly drawn. In sum, section 3204 prohibits the corrupt political influence of or by a public officer or employee. Section 3205 prohibits an officer or employee of a public agency from soliciting political funds or contributions from other officers or employees of the agency. Section 3206 prohibits an officer or employee from participation in political activities while in uniform. Section 3207 authorizes a local agency to establish rules and regulations prohibiting or restricting officers or employees from engaging in political activities during working hours and political activities on the premises of a local agency. Section 3209 authorizes an officer or employee to solicit or receive political funds from fellow employees or officers to promote or defeat passage of a ballot measure which would affect the pay, hours, retirement benefits or other working conditions subject to local agency rules and regulations passed pursuant to section 3205.

Thus the exceptions to the operation of section 3203 do not expressly permit an invasion of an employee's political rights so severe as to totally preclude a public employee from running for or holding public office.

The Hospital argues the hospital bylaw was authorized by section 1126, which in pertinent part provides:

"(a) ... [A] local agency officer or employee shall not engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties as a local agency officer or employee or with the duties, functions, or responsibilities of his or her appointing power or the agency by which he or she is employed....

"(b) Each appointing power may determine, subject to approval of the local agency, and consistent with the provisions of Section 1128 where applicable, those outside activities which, for employees under its jurisdiction, are inconsistent with,...