State Ex Rel. Hrelec v. City of Campbell

DeGenaro, Judge.

This timely appeal comes for consideration upon the record and the parties’ briefs. Relator-appellant Nick Hrelec (“Hrelec”) appeals the trial court’s decision refusing to adopt the November 27, 1998 magistrate’s decision and denying Hrelec’s writ of mandamus. The issues before us are (1) whether the absence of a fire chief due to illness created a vacancy such that the mayor could legally appoint a new permanent fire chief, and (2) whether a private settlement agreement reached by the city of Campbell and the original fire chief has any binding effect on other civil servants…