California Court of Appeal

Denial of petition for writ of mandate challenging decision not to include plaintiff manager's salary increase in calculating his retirement allowance is affirmed as: 1) the salary increase was outside the limits of compensation which may be used in calculating a public employee's retirement allowance; 2) since it was not reflected in the city's published salary range, it was not part of the manager's regular payrate; and 3) since the increase was not available to other managers, it could not be included in the retirement calculation as "special compensation."

Appellate Information

• Decided 12/07/2007
• Published 12/07/2007

Judges

• BENKE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Office of Michael A. Conger and Michael A. Conger, Rancho Santa Fe, for Plaintiff and Appellant.


• For Appellees:
  
• Peter H. Mixon, General Counsel, and Wesley E. Kennedy, Senior Staff Counsel, for Defendant and Respondent.