Swift
Swift v. County of Placer
Opinion
Opinion
Dawson, J.
Terence A. Swift petitioned for a writ of mandate commanding respondents, County of Placer, its sheriff and civil service commission, to reinstate him as a Placer County deputy sheriff with back pay and to grant him an administrative hearing. Swift’s petition tenders two claims. He first claims he is entitled to permanent status pursuant to the county civil service ordinance but was unlawfully summarily terminated as a probationary employee. The alternate claim is, probationer or not, he was unlawfully terminated without an opportunity for the administrative appeal compelled by the Public Safety Officers Procedural Bill of Rights Act. (Gov. Code, § 3300 et seq.) The trial court issued a peremptory writ commanding respondents (hereafter county) to afford Swift an “appropriate hearing” on the latter claim, i.e., a hearing for the limited purpose of establishing a formal record of the circumstances of his termination. The trial court denied the petition in all other respects. Swift appeals from the judgment. The county appeals from the portion of the judgment granting Swift a limited hearing.