245 Cal. App. 4th 1458
Cal. Ct. App.2016Background
- John Pinheiro was Fresno County’s labor relations/personnel services manager; in May 2012 the County investigated allegations he had an improper relationship with an employee and other misconduct.
- An outside investigator sustained insubordination, dishonesty, and misuse of work time; County issued a notice of termination after a Skelly hearing.
- Pinheiro appealed to the County Civil Service Commission; a five-day administrative hearing followed with 19 witnesses and documentary exhibits.
- The Commission issued a 129-page Findings and upheld termination based on five independent grounds (contact with the employee, breach of confidentiality, moonlighting, petty thefts, and lying).
- Pinheiro petitioned for writ of administrative mandamus; the trial court denied relief and Pinheiro appealed.
- The Court of Appeal reversed, holding Pinheiro was denied a fair hearing because the Commission relied on extra-record evidence (memory and transcript from a separate unit-modification hearing and other off-the-record materials) to discredit his credibility and sustain termination; the matter was remanded for a new hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Commission relied on evidence outside the record, denying a fair hearing | Pinheiro: Commission consulted and relied on memory and transcript from a separate unit-modification hearing and other off-record materials that were not admitted or noticed, and used them to discredit him | County: Any extra-record references were insignificant; the neutrality issue was explored at the dismissal hearing and Pinheiro had opportunity to respond | Held: Reversal — reliance on extra-record evidence that was material to credibility violated the fair-hearing requirement; remand for new hearing |
| Whether reliance on law-enforcement records (arrests/detention not resulting in conviction) violated Labor Code §432.7 | Pinheiro: Commission impermissibly used nonconviction arrest/detention records (citation and police report) as a factor in discipline | County: Argued discipline was supported by independent investigation and other evidence | Held: Trial court concluded Commission improperly relied on those records; appellate court agreed Commission improperly relied on them but did not decide prejudicial effect because of remand |
| Whether evidence older than three years and excluded evidence undermined fairness | Pinheiro: Commission relied on stale misconduct and excluded evidence relevant to his defenses | County: Argued other properly admitted evidence supported findings | Held: Court did not reach merits of other evidentiary objections because extra-record reliance required reversal |
| Whether any errors were harmless given other evidence | County: Any extra-record reliance was harmless because other substantial evidence supported termination | Pinheiro: Credibility was central; extra-record use was material and not harmless | Held: Error not treated as harmless — court refused to sustain decision on other evidence because Commission expressly relied on extra-record material to evaluate credibility |
Key Cases Cited
- English v. City of Long Beach, 35 Cal.2d 155 (1949) (administrative tribunal cannot base decision on information obtained outside the hearing and of which parties had no opportunity to refute)
- La Prade v. Department of Water & Power, 27 Cal.2d 47 (1945) (denial of hearing where tribunal relied on investigative report not introduced at hearing)
- Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd., 40 Cal.4th 1 (2006) (agency head’s decision must be based on record, not off-the-record discussions)
- Vollstedt v. City of Stockton, 220 Cal.App.3d 265 (1990) (denial of fair hearing where final decision-maker relied on information not presented at hearing)
- Skelly v. State Personnel Bd., 15 Cal.3d 194 (1975) (employee’s procedural right to notice, charges, and opportunity to respond before discipline)