230 Cal. App. 4th 1226
Cal. Ct. App.2014Background
- Quintanar, a Riverside County Sheriff’s Department correctional deputy, was demoted after an incident in which he allegedly used excessive force.
- Under the 2008-2011 MOU, any employee could appeal disciplinary action, with a hearing officer conducting an evidentiary hearing and issuing findings and a final decision.
- The hearing officer upheld the demotion, citing Quintanar’s inconsistent testimony and the egregious nature of the conduct, while acknowledging the disciplinary matrix but declining to substitute his judgment for the decision maker.
- Quintanar filed a petition for writ of mandate; the trial court sua sponte raised whether the hearing officer must exercise independent judgment on discipline and remanded for clarification.
- The hearing officer stated he independently analyzed the discipline and that departing from the disciplinary matrix would require justification, but he maintained the outcome would be the same.
- The trial court granted a new writ, remanding for the hearing officer to exercise independent judgment; the county appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the hearing officer must exercise independent judgment as to discipline under the MOU | Quintanar contends the hearing officer failed to exercise independent judgment. | Department argues independent judgment is not required for discipline, only for whether misconduct occurred. | Hearing officer must exercise independent judgment as to discipline. |
Key Cases Cited
- Kolender v. San Diego County Civil Service Com'n, 132 Cal.App.4th 1150 (Cal. Ct. App. 2005) (independent review with full evidentiary hearing; modification possible)
- Olson v. Cory, 35 Cal.3d 390 (Cal. 1983) (mandamus standards and review described)
- Thornbrough v. Western Placer Unified School District, 223 Cal.App.4th 169 (Cal. Ct. App. 2013) (abuse of discretion not prejudicial if rights protected)
- Santa Clara County Correctional Peace Officers’ Association, Inc. v. County of Santa Clara, 224 Cal.App.4th 1016 (Cal. Ct. App. 2014) (MOU interpretation and independent review framework)