Officers for Justice v. Civil Service Commission
Officers for Justice Police Officers Association and 17 individual police officers (collectively OFJ) filed a petition for writ of mandate under Code of Civil Procedure section 1085. The petition challenged a decision of the Civil Service Commission of the City and County of San Francisco (the Commission)[1] permitting certain police officers with the rank of Q-50 Sergeant (also Sergeant) to perform investigative work that had routinely and historically been performed by officers with the rank of Q-35 Assistant Inspector or 0380 Inspector (also Assistant Inspector or Inspector, respectively). The Commission refused OFJ's request to order removal of the Sergeants from their assignments and the appointment of new Assistant Inspectors to fill the resulting vacancies. It instead ordered DHR to amend the Sergeant classification to specifically reflect that the duties of those sergeants included investigative matters, and a new hybrid examination to fill future vacancies.
The superior court denied the petition, finding certain of OFJ's claims moot. It denied the remainder on the merits, finding both that the Commission had not failed to perform any ministerial duty and that OFJ had not demonstrated a clear, present and beneficial right to performance of such duty. OFJ appeals.
The City asserts that the matter before us no longer presents an existing controversy and is therefore moot. We agree with the City that this case no longer presents a justiciable controversy. Accordingly, we will affirm the judgment.
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