Cerini

Art Cerini appeals from a judgment denying his petition for a writ of administrative mandate. (Code Civ. Proc., § 1094.5.) Cerini sought the writ to direct the City of Cloverdale to comply with the decision of an appeals board reinstating Cerini as a patrolman on the Cloverdale police force. We reverse.

The facts on appeal are not in dispute. In August 1971, the City Council of the general law City of Cloverdale (pop. 4,000) enacted ordinance No. 301 N.S. (hereafter 301 N.S.). While 301 N.S. reserved the right for the city council to establish by resolution a method and procedure for rules and regulations for the appointment and discharge of city employees, it provided that an employee subject to termination or discipline shall have the right to an appeal before the appeals board (Board). The Board consisted of a three- member panel; one member to be chosen by the aggrieved employee, another by the city council, and the third by the Personnel Director of Sonoma County. The Board’s function was to hear all appeals of the decision of any department head or the city council regarding termination of employment or violation of personnel rules. The hearing would be conducted…