A Civil Service Commission's Authority Is Limited By The Charter Which Created It

Berumen v. County of Los Angeles Department of Health Services  (2007) ______ Cal.App.4th _______; (07 C.D.O.S. 7205, filed June 21, 2007)

An employee of the Los Angeles County Department of Health Services, employed in a Civil Service position, received an assignment which she contended constituted a de facto demotion because it stripped her of significant job responsibilities.  However, neither her grade, rank or pay had been reduced.  A Civil Service Commission which is created by a charter has special and limited jurisdiction expressly authorized by that charter.  In this case the charter provided that the commission was an appellate body to review decisions about discharges and reductions of permanent employees.  The Civil Service Rule adopted by the Commission limited the circumstances under which an employee could receive a hearing.  It could provide hearings for lowering of rank, grade or pay.  Thus, the Commission had no authority to determine whether or not the petitioner’s claim constituted a de facto demotion.  It noted that the employee had a remedy whereby she might appeal an assignment, interdepartmental transfer or a change in classification to the Director of Personnel.  She had failed to do so.