Jackson v. City of Pomona

Petitioner Carl F. Jackson appeals from the judgment denying a writ of mandate. The petition sought to annul a decision of the City Council of the City of Pomona which suspended him from his duty as a police sergeant without pay for a period of one month and demoted him to the rank of senior patrolman. The gravamen of the petition was that on several bases the council “proceeded in excess of its jurisdiction and committed a prejudicial abuse of discretion by not proceeding in the manner required by law,” the grounds specified in Code of Civil Procedure section 1094.5. The matter was submitted in effect upon the pleadings, the administrative record, and the argument of counsel.

The administrative record was voluminous, comprising 1 volume of exhibits, totaling 180 pages; and 3 volumes of reporter’s transcript of oral testimony at the administrative hearing, totaling 467 pages. The proceedings which culminated in petitioner’s suspension and demotion were initiated by a complaint pursuant to Pomona City Code, section 2-40(b). Three specific charges were set forth as follows: “The specific complaints being presented against you at this time are related to your involvement on…