County of Los Angeles Dept. of Health Services v. Civil Service Com. of County of Los Angeles

In County of Los Angeles Dept. of Health Services v. Civil Service Com. of County of Los Angeles (2009) 180 Cal.App.4th 391, the court considered the denial of another county employee's writ petition. There, a nurse employed by the County of Los Angeles Department of Health Services appealed both a suspension and her ultimate discharge to the Commission. (Latham, supra, 180 Cal.App.4th at pp. 394-395.) While her civil service appeal was pending, the nurse voluntarily retired. (Id. at p. 395.) Following Zuniga v. Los Angeles County Civil Service Com. (2006) the reviewing court affirmed the denial of her writ petition, explaining that "where an employee retires during the pendency of a civil service appeal, her future status as an employee by definition is no longer at issue. The then pending appeal becomes a 'wage claim brought by a former civil servant,' and under Zuniga the Commission has no jurisdiction over such a wage claim because neither the charter nor Civil Service Rules vest such jurisdiction. (Zuniga, supra, 137 Cal.App.4th at p. 1259.) In short, the Commission has authority to address only matters involving a member of the civil service, and a person who has retired is no longer a member of the civil service." (Latham, supra, at p. 401.)