McManigal

Appellant asks us to consider whether he was entitled to an administrative appeal after he was transferred from motorcycle to patrol officer with a reduction in pay. We conclude he was.

Appellant Wayne McManigal is a police officer for the city of Seal Beach. In June 1976 his duties changed from patrol officer to motorcycle officer and he received an additional 5 percent “skill” pay.

From the time of this assignment to the end of 1978, McManigal’s supervisor generally gave him satisfactory evaluations. However, for the period of January 1, 1979 through June 30, 1979, McManigal was rated as “needing improvement.” The written evaluation criticized the quantity of work performed, noting McManigal was below average in “statistics” for the first half of 1979. It also noted McManigal loved his work but sometimes “bent the rules,” giving him more time to ride his motorcycle. Finally, the evaluations said his attitude and judgment were slipping due to “tunnel vision” which led him to desire only to ride his motorcycle. McManigal’s supervisor said if his attitude did not change, a transfer would be recommended.

On September 11, 1979, McManigal’s supervisor sent a memorandum to…