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Lackie, Dammeier & McGill

A Professional Corporation

Dieter C. Dammeier, SBN 188759 dieter@policeattorney.com Michael A. Morguess, SBN 192838 morguess@policeattorney.com LACKIE, DAMMEIER & McGILL APC 367 North Second Avenue Upland, CA 91786 Telephone: (909) 985-4003 Facsimile: (909) 985-3299 Attorneys for Plaintiffs SAN GABRIEL POLICE OFFICERS ASSOCIATION

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES SAN GABRIEL POLICE OFFICERS ASSOCIATION, Petitioner, vs. CITY OF SAN GABRIEL, and DOES 1 through 10, Respondents. 1. Plaintiff SAN GABRIEL POLICE OFFICERS ASSOCIATION (SGPOA) is the recognized exclusive bargaining representative for those employees of the City of San Gabriel (the City) with the job classification of Police Officer. The SGPOA can sue and be sued in its name and on behalf of its members, and brings this action on behalf of itself and its members. 2. Respondent CITY OF SAN GABRIEL (the City) is a duly constituted municipal corporation operating under the laws of the State of California, wholly situated in the County of Los Angeles. Case No.: VERIFIED PETITION FOR WRIT OF MANDAMUS [CCP 1085; CA VEHICLE CODE 41603]

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1 PETITION FOR WRIT OF MANDATE

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Lackie, Dammeier & McGill
A Professional Corporation

3.

The true names and capacities of the Respondents named herein as DOES 1 through 10, whether individual, government, corporate, associate, or otherwise, are unknown to Petitioner who therefore brings this claim against Respondents by such fictitious names pursuant to Code of Civil Procedure 474 et. seq.

4.

Respondent DOES 1 through 10, were at all times alleged herein, officers, employees or public bodies of Respondent City and in some capacity were responsible for the wrongful acts herein complained of. Petitioner will amend this claim to show their true names and capacities once they have been ascertained.

5.

The City has a police department through which SGPOAs members are employed, and in carrying out their official duties, SGPOAs members must comply with all orders, rules and internal policies promulgated by Respondents City and DOES 1 through 10, under threat of insubordination, which could lead to dismissal or other discipline.

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The City, through its officials and employees and DOES 1 through 10 has instituted and maintained a policy and rule that requires Petitioners members to perform to a standard of enforcing the California Vehicle Code by making a minimum number of arrests and citations as a set quota, and uses such quotas for rating officers as being below standards of performance, being threatened with placement on a Performance Improvement Plan, some members of Petitioner actually being placed on a Performance Improvement Plan or other discipline, and all which impact or serve as the basis for being deprived of the earning of benefits and other personnel actions by the City and its police department. California Vehicle Code Section 41602 provides: No state or local agency employing peace officers or parking enforcement employees engaged in the enforcement of this code or any local ordinance adopted pursuant to this code, may establish any policy requiring any peace officer or parking enforcement employees to meet an arrest quota.

California Vehicle Code Section 41603 provides:

2 PETITION FOR WRIT OF MANDATE

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Lackie, Dammeier & McGill
A Professional Corporation

No state of local agency employing peace officers or parking enforcement employees engaged in the enforcement of this code shall use the number of arrests or citations issued by a peace officer or parking enforcement employees as the sole criterion for promotion, demotion, dismissal, or the earning of any benefit provided by the agency. Those arrests or citations, and their ultimate dispositions, may only be considered in evaluating the overall performance of a peace officer or parking enforcement employees. An evaluation may include, but shall not be limited to, criteria such as attendance, punctuality, work safety, complaints by citizens, commendations, demeanor, formal training, and professional judgment. 9. By taking the actions alleged herein, Respondents are violating California Vehicle

Code Sections 41602 and 41603. 10. Respondents have a clear and present ministerial duty to not impose such quotas,

nor to use them in the manner alleged hereinabove, as Respondents have done, and imposed against, members of Petitioner SGPOA. 11. The Superior Court has authority, pursuant to California Civil Procedure Code

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Section 1085, to issue a writ of mandate to compel Respondents to immediately comply with their ministerial duty to not impose or use such quotas in contravention of California Vehicle Code Sections 41602 and 41603. 12. Petitioners members are subject to such quotas in the performance of their duties,

under threat of discipline, and therefore, pursuant to California Civil Procedure Code Section 1086, Petitioner is beneficially interested in the issuance of the writ of mandate. 13. Petitioner has exhausted all administrative remedies, if any, available to it, in

seeking the relief sought herein. 14. Petitioner has no plain, speedy or adequate remedy in the ordinary course of law.

WHEREFORE, Petitioner prays: 1. That the Court grant the Petition for Writ of Mandate and issue judgment in Petitioners favor; 2. That the Court issue a writ of mandate pursuant to such judgment, commanding Respondent to cease implementing and using its quota policy in violation of California Vehicle Code Sections 41602 and 41603;

3 PETITION FOR WRIT OF MANDATE

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Lackie, Dammeier & McGill
A Professional Corporation

3. For costs and attorney fees; 4. For such other relief as the Court deems appropriate and necessary.

Dated: May 31, 2012

Respectfully Submitted, LACKIE, DAMMEIER & McGILL APC

Dieter C. Dammeier Michael A. Morguess Attorneys for Petitioner, SAN GABRIEL POLICE OFFICERS ASSOCIATION

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4 PETITION FOR WRIT OF MANDATE