In Mueller v. County of Los Angeles, published August 13, 2009, the appellate court upheld summary judgment for the County against a firefighter who alleged he was harassed and retaliated against for complaining about two other employees' transfers. The court ruled that public employment rules that require employees to comply with behavorial norms do not create mandatory duties to investigate with due care allegations that employees violated the norms. The same applies to local rules concerning investigation of whistleblower allegations. If the mode of investigation itself is discretionary, purportedly negligent investigation cannot create mandatory duty liability under Government Code 815.6.
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