In Negron v. Los Angeles County Civil Service Commission (County of Los Angeles), ordered published September 29, 2015, the Second District Court of Appeal, Division 2, reversed a judgment granting a peremptory writ of mandate to a sheriff's deputy concerning his discharge. While the plaintiff deputy was on unpaid, relieved-of-duty status, he was arrested and pled guilty to driving under the influence; he was uncooperative and belligerent with investigating CHP officers; he drove with a suspended license; and he made false statements to the supervisor to whom he reported during the time he was off-duty. His department discharged him. The trial court rendered a judgment directing that a writ issue directing the defendant Civil Service Commission to set aside its decision upholding the plaintiff's discharge. The trial court concluded that under Garvin v. Chambers (1924) 195 Cal. 212, a peace officer could not be disciplined for misconduct during the time he was relieved of duty.
The appellate court held that Garvin did not apply. The officer in Garvin was discharged for insubordination for declining to meet with the chief of police without an attorney. The California Supreme Court ruled that he could not be disciplined for insubordination while he was relieved of duty and therefore could not be ordered to perform any duty as an officer. Here, the plaintiff was discharged for conduct independent of his duty as an officer. Further, that conduct violated the department's rules; and because the deputy identified himself as a deputy, the conduct was a discredit to the department.
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