Wright v. City of Santa Clara, H004512

• Court: California Court of Appeals
• Writing for the Court: CAPACCIOLI
• Citation: 262 Cal.Rptr. 395,213 Cal.App.3d 1503
• Parties: Evan WRIGHT, et al., Plaintiffs and Respondents, v. CITY OF SANTA CLARA, Defendant and Appellant.
• Docket Number: No. H004512,H004512
• Decision Date: 30 August 1989

Page 395

262 Cal.Rptr. 395 213 Cal.App.3d 1503 Evan WRIGHT, et al., Plaintiffs and Respondents,
v.
CITY OF SANTA CLARA, Defendant and Appellant. No. H004512. Court of Appeal, Sixth District, California. Aug. 30, 1989.

[213 Cal.App.3d 1504]

Page 396

Edward Mahler, McManis & Holley, San Jose, for plaintiffs and respondents.

Michael Downey, Asst. City Atty., Santa Clara, for defendant and appellant.

[213 Cal.App.3d 1505] CAPACCIOLI, Acting Presiding Justice.

In an action for declaratory relief, the trial court rendered a judgment which declared that defendant City of Santa Clara (City) exceeded its authority by enacting an ordinance which incorporated provisions of an agreement with its police officers association. The agreement stipulated that when an employee must take temporary military leave he may not receive duplication of pay and must therefore turn over salaries paid by the military service or take approved time off in order to collect regular salary from City. ¹ The basis of the judgment was that the ordinance was inconsistent with Military and Veterans Code section 395.01. ² City's contention is that Government Code section 3500 et seq. permits a labor agreement to waive the benefits of section 395.01. We disagree and affirm the judgment.

"Questions of statutory interpretation are, of course, pure matters of law upon which we may exercise our independent judgment. [Citations.] Our purpose in interpreting statutes is to discern the intent of the Legislature. [Citation.]" (Jones v. Pierce (1988) 199 Cal.App.3d 736, 741, 245 Cal.Rptr. 149.)

Plaintiffs are police officers employed by City. Evan Wright is a member of the United States Coast Guard Reserve. Robert Keyarts is a member of the Air Force Reserve. Each is required to be on active duty for two consecutive weeks per year. Section 395 entitles a public employee to a temporary military leave of absence for this purpose. Section 395.01, subdivision (a), entitles one on such leave to receive his full salary or compensation as a public employee.

There is no basis in law for a policy of requiring a public employee to turn over his military pay check as a condition of receiving the pay to which he is entitled under section 395.01. (Bowers v. City of San Buenaventura (1977) 75 Cal.App.3d 65, 72, 142 Cal.Rptr. 35.) It is the policy of this state to encourage public employees to participate in military training and the Legislature could reasonably conclude that this policy could be fostered by permitting a public employee to receive temporary military leave with pay. (Id. at pp. 70-71, 142 Cal.Rptr. 35.)

However, in this case, the Santa Clara Police Association, representing City's police officers, agreed to the turn over proviso as part of a memorandum[213 Cal.App.3d 1506] of understanding with City. The provision became binding upon the parties after the city council approved the...