In what circumstances will the courts compel a legislative body to act as a ministerial officer?

California, United States of America


The following excerpt is from Glendale City Employees' Assn., Inc. v. City of Glendale, 124 Cal.Rptr. 513, 15 Cal.3d 328, 540 P.2d 609 (Cal. 1975):

The majority, in footnote 24, desperately attempt to find some authority for courts to mandate legislative bodies. They miss the target. Sanders v. City of Los Angeles (1970), 3 Cal.3d 252, 90 Cal.Rptr. 169, 475 P.2d 201, and Sanders v. City of Los Angeles (1967), 252 Cal.App.2d 488, 60 Cal.Rptr. 539, arose out of the same circumstances. The courts found that a ministerial officer had failed to perform his charter-required function. 'As the adviser of the committees and the council and as the responsible official of the city, the City Administrative Officer failed utterly to perform his duties.' (Id. at p. 493 of 252 Cal.App.2d, at p. 543 of 60 Cal.Rptr.) He, and several administrative departments--

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