Byrd v. State Personnel Bd.

After 14 years of employment, Clare Byrd received a Notice of Pending Dismissal from her position as Administrative Analyst/Specialist at San Diego State University (SDSU), part of the California State University (CSU) system. In December 2014, SDSU provided Byrd with a Notice which stated that she was dismissed from her employment effective December 15. Byrd then filed a Service Retirement Election Application with CalPERS, with a retirement date of December 31, 2014. CalPERS accepted her application and proposed effective retirement date. Byrd appealed after she was denied by a trial court for writ of mandate and declaratory judgment, asking the court to intervene following the breakdown of a settlement agreement between her and CSU, which the State Personnel Board (SPB) initially approved. But following a refusal to comply with material terms of the settlement by CalPERS, SPB changed its position and rejected the settlement in a decision vacating its prior approval. Among other provisions, the settlement agreement directed that Byrd would be reinstated to a classification with a significantly higher salary, which she had never held, and that she would receive compensation at the higher salary during the period that CSU, with her assistance, would apply for medical retirement benefits. Byrd requested that the trial court compel CalPERS to process her reinstatement at the higher salary level. CalPERS maintained it was unable to do so because Government Code section 21198 only authorized Byrd's reinstatement to a job classification she previously held before her termination. The trial court agreed with CalPERS and denied Byrd's petition. On appeal, Byrd argued section 21198 allowed CalPERS to reinstate Byrd to employment as a straightforward matter and did not require reinstatement to the same specific classification or pay rate. She emphasized that the bargained-for terms of the settlement agreement contemplated a scenario in which Byrd would return to work, at least for a short period, while her application for medical retirement benefits was processed. The Court of Appeal determined that in the typical case, section 21198 directs CalPERS to reinstate an employee who was involuntarily terminated but then returned to that same classification as a result of an administrative or judicial proceeding. There may be atypical circumstances in which an individual can be properly reinstate, but if there are those instances, the statute requires a nexus between the new classification and the underlying dispute. In the absence of any such connection here, the Court found section 21198 prevented CalPERS's compliance with the settlement agreement. View "Byrd v. State Personnel Bd." on Justia Law