In Conger v. County of Los Angeles, published June 14, 2019, the Second District Court of Appeal, Division 1 affirmed a trial court decision denying a writ petition to a deputy sheriff. The petitioner received a probationary promotion from Sergeant to Lieutenant. During the six-month probationary period, the sheriff's department informed the petitioner he was under investigation for events occurring before the probationary period. The department gave the petitioner notice it was releasing him from his probation, based on an alleged failure to report a use of force when he was a sergeant. The petitioner requested a hearing under Government Code section 3304(b), part of the Public Safety Officers Procedural Bill of Rights, The county civil service commission denied the request. The petitioner challenged the denial.
The appellate court agreed with the trial court that the petitioner was not entitled to writ relief. Section 3304(b) entitles an officer who has successfully completed the probationary period a hearing before any punitive action or denial of promotion on grounds other than merit is taken against him. The appellate court ruled that the decision to rescind the probationary promotion and return the petitioner to his previous position was a denial of promotion, not a demotion or punitive action. The promotion was not yet peronanemnt, and the employer was still evaluating whether the officer deserved the higher position. The denial was on merit-based grounds, since the alleged failure to report would bear on the petitioner's qualifications to serve as a lieutenant. The petitioner failed to show that his negative probation evaluation could lead to future adverse consequences. The statute therefore did not entitle him to a hearing.
Comments