Doyle

Gerald Doyle appeals from a judgment denying his petition for a writ of mandate. (Code Civ. Proc., § 1094.5.) The trial court denied the writ and granted summary judgment for respondent City of Chino (Chino).

The Facts

The facts are substantially undisputed by the parties.

Doyle was Chino’s police chief. In December 1979, the city manager informdd Doyle that his salary would be cut 10 percent effective January 1980. The city council confirmed the reduction in executive session. While Doyle sought review of that matter before the full council, he received a letter on January 28, 1980, summarily terminating his employment. The letter informed him of his right to an administrative appeal. Respondent Chino concedes that this initial action by the city manager violated Doyle’s Skelly rights since no notice or opportunity to respond was afforded him.

Doyle claims he is entitled to reinstatement prior to any administrative appeal. Initially on February 4, he requested reinstatement prior to any administrative appeal. The city manager rejected that request. On February 25, the city manager informed Doyle by letter of the reasons he was terminated. The letter further stated:…