Opinion
Page 675c
140 Cal.App.4th 675c __ Cal.Rptr.3d __ GARY BONNER et al., Plaintiffs and Appellants, v. COUNTY OF SAN DIEGO et al., Defendants and Respondents. D045238 California Court of Appeal, Fourth District, First Division June 26, 2006COUNSEL
Super. Ct. Nos. GIC 806790, GIC812943
OPINION
BENKE, Acting P. J.
THE COURT:
The opinion filed May 26, 2006, (139 Cal.App.4th 1336; __Cal.Rptr.3d__ ) is modified as follows petition for rehearing is DENIED:
At INTRODUCTION, fourth paragraph, the statutory citation (slip opn. p. 3), [139 Cal.App.4th 1341, advance report, 2d full par., line 7, 8], Gov. Code, § 31700 should read § 31700
At DISCUSSION III, first paragraph, after the second sentence beginning with "Read in isolation" and ending with "respect to prior service." (slip opn., p. 9) [139 Cal.App.4th 1345, advance report, par. 1, line 5] insert two spaces and a new sentence "It applies solely to those who are employed by a county at the time it is adopted by the County."
At DISCUSSION IV [139 Cal.App.4th 1346, advance report], delete the subtitle beginning with "Section 31469.4" and ending with "Timely Election" and replace it with "Supportive Provisions"
At DISCUSSION IV, first paragraph, first sentence, after the word "statute" (slip opn., p. 10) [139 Cal.App.4th 1346, advance report, par. 1, line 2] insert "is available to those employed by a county and" so that the sentence reads: "As we have noted, under the express terms of section 31469.4 the safety member classification provided by the statute is available to those employed by a county and is "not applicable until" it has been adopted by a county."
At DISCUSSION IV, first paragraph, second sentence, after the word "it" (slip opn., p. 10) [139 Cal.App.4th 1346, advance report, par. 1, line 4] insert "is limited to current employees and" so that the sentence reads: "The most commonsense interpretation of this language is that it is limited to current employees and excludes prior service from classification as safety service."
At DISCUSSION IV, second paragraph, delete the second sentence and the statutory citation (slip opn., p. 10)[139 Cal.App.4th 1346, advance report, par. 2, line 2, & fn. 9, par. 2, line 11] :
Page 675d
"Once section 31469.4 has been adopted by a county, affected employees must, within one year, elect to become safety members. (§ 31558.6.)" Insert in its place: "Section 31558.6 provides in pertinent part "each person who is employed in a position, the principal duties of which consist of juvenile hall group counseling and group supervisor as defined in Section 31469.4 on the date the provisions of Section 31469.4 are made applicable in a county . . . and who files with the board written election to become a safety member on or prior to one year after Section 31469.4 are made applicable in a county by the board of supervisors, shall become a safety member." [Retain fn. 9 reference as well as fn. 9 text with one exception.] (Italics added.) Footnote 9 text, second paragraph, at the phrase "from the timely election requirements" delete the word "timely"
At DISCUSSION IV, second paragraph, formerly third sentence (slip. opn., pp. 10-11) [139 Cal.App.4th 1346, advance report, par. 2, line 4] delete the word "Moreover," on page 10; begin a new paragraph, capitalizing the letter "a" in although on page 11, so the first sentence of the new paragraph begins with "Although . . ."
At DISCUSSISON IV, second paragraph, formerly fourth sentence (slip opn., p. 11) [139 Cal.App.4th 1347, advance report, line 1] delete the word "Although", capitalize the letter "u" in under and begin sentence with "Under . . ."; end the sentence after the words "safety service." and begin new sentence by inserting the word "However," so the sentences read: "Under section 31639.7 affected employees may elect to have their prior service treated as safety service. However, this election must be made at the same time the employees elect . . . ."
At DISCUSSION IV, third paragraph (slip opn., p. 12) [139 Cal.App.4th 1347, advance report, 1st full par., line 3], "a timely election" should read "an election"
At DISCUSSION IV, fourth paragraph (slip opn. p. 12) [139 Cal.App.4th 1347, advance report, 2d full par., line 2, 3], the phrase twice appearing "a timely election" should read "an election"
At DISCUSSION IV, last paragraph (slip opn., p. 13) [139 Cal.App.4th 1348, advance report, line 1], "a timely election" should read "an election"
Page 675e
At CONCLUSION, first sentence (slip opn., p. 23) [139 Cal.App.4th 1354, advance report, par. 1, line 1], after "section 31469.4" insert "applies only to those employed at the time the County adopted that section." End sentence and start new sentence by inserting the word "It" so the new sentences read: "By its terms section 31469.4 applies only to those employed at the time the County adopted that section. It does not authorize retrospective reclassification . . . ."
There is no change in the judgment.