Thampy v. County of Fresno
Appellant was a senior accountant for the County of Fresno. Appellant contended that the work he was actually doing fit the description of a higher paying position, that of “principal accountant,” and sought to have himself reclassified as a principal accountant. After the procedural path he followed in this endeavor proved fruitless, he filed a petition for writ of mandate seeking an order directing the Fresno County Board of Supervisors (“the Board”) to reclassify him as a principal accountant. The superior court denied the petition. Appellant appeals from the order denying the petition. The primary issue raised by this appeal is this - is the power to create a new principal accountant position in Fresno County held by the Board of Supervisors only, or does the County’s Director of Personnel Services (“the Director”) also have this power? Appellant contends that the board has delegated this power to the Director by means of certain provisions of the “Fresno County Personnel Rules” adopted by the Board, and that a decision of the County’s Civil Service Commission required the Director to create a new principal account position to be held by appellant. Respondents contend that only the Board has the power to create a new principal accountant position. Court agreed with respondents and therefore affirmed the superior court’s order denying appellant’s petition for writ of mandate.
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