Swift

Swift v. County of Placer

Good Law
153 Cal. App. 3d 209·1984 Cal. App. LEXIS 1770·200 Cal. Rptr. 181
Court of Appeal of CaliforniaMarch 19, 1984Civ. 22472California3,232 words

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.

Facts

On August 23, 1979, Swift was hired as a correctional officer with the…

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