Fear Not Law Articles: WIRTH v. STATE OF CALIFORNIA

WIRTH v. STATE OF CALIFORNIA

Filed 7/31/06; partial pub. order 8/22/06 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

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DANIEL J. WIRTH et al.,

Plaintiffs and Appellants,

STATE OF CALIFORNIA et al.,

Defendants and Respondents.

C050065

(Super. Ct. No. 04CS00440)

Plaintiffs Daniel Wirth and the California Correctional Supervisors Organization (collectively CCSO) filed a petition for writ of mandate seeking to compel defendantsâ€‘â€‘the Governor, the State of California and the Department of Personnel Administration (DPA)â€‘â€‘to afford salary increases for state correctional supervisors in fiscal year 2003-2004, increases that plaintiffs claimed were mandated by Government Code sections 19849.18 and 19849.22.^[1]

Section 19849.18 provides that supervisors of correctional officers shall receive â€

Description	Department of Personnel Administration did not violate statutes requiring that supervisors of correctional officers receive salary and benefits changes that are at least generally equivalent to the changes granted to their rank and file subordinates and that a supervisory compensation differential be maintained when it refused to grant correctional supervisors the same percentage salary raise as the officers they supervised, instead giving them a smaller raise supplemented by other compensatory benefits.
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