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Writ of Mandate GRANTED for Susanville POA

by | Aug 6, 2010

Writ of Mandate GRANTED for Susanville POA

The Lassen County Superior Court has granted a Petition for Writ of Mandate on behalf of the Susanville Police Officers Association commanding the City of Susanville to comply with the terms of the Memorandum of Understanding between the City and SPOA, and to take all remedial actions necessary to correct the actions taken in breach of the MOU.

Attorney John McCaslin filed the Petition on behalf of SPOA after the City adopted a resolution stating that officers hired after passage of the resolution would be subject to terms and conditions that conflicted with the terms of the MOU. Among the specific provisions the City attempted to adopt was the imposition of a two-tiered retirement system on new officers that reduced the City’s contribution to PERS from 3% to 2% at 50, and required officers to contribute 2% of the officers’ gross salary to health insurance premiums.

Prior to the scheduled hearing, the Court initially issued a tentative ruling that denied the Petition and adopted the City’s arguments in opposition to the petition. After oral argument by Mr. McCaslin emphasizing that there was no legal basis for the City’s position, the court took the matter under submission, and ultimately reversed the tentative ruling and issued the Writ of Mandate to the City.

This is good result from a court that wanted to rule in favor of the City of Susanville, but which, in the end, followed the law and reached the correct conclusion. Thanks to Mike Lyon, Labor Representative at UPEC, for his hard work and assistance throughout this case.

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