Gray

Gray v. City of Gustine

Good Law
1990 Cal. App. LEXIS 1071·224 Cal. App. 3d 621·273 Cal. Rptr. 730
Court of Appeal of CaliforniaOctober 5, 1990F012166California3,665 words

Opinion

Opinion

Baxter, J.

Facts and Proceedings Below

Bud Gray appeals from a superior court judgment denying his petition for a writ of mandate to compel the City of Gustine (Gustine) et al., to provide him an administrative appeal pursuant to Government Code section 3304, subdivision (b), a part of the Public Safety Officers Procedural Bill of Rights Act. The appeal of the Gustine Police Officers Association (GPOA) is separately addressed in the unpublished part of this opinion.

Gray commenced employment as a lieutenant on Gustine’s police department in 1979. He was promoted to police chief on March 17, 1987, received a salary increase, and served at the pleasure of the city manager. Gray’s status as police chief was terminated by City Manager Earl Wilson on January 17, 1988. Gray was reinstated to his lower-paying former position of lieutenant. Wilson testified this “reassignment” was due “to a lack of full confidence in [his] performance” as police chief.

Gray sent Wilson a memorandum dated January 26, 1988, requesting an administrative appeal under section 3304, subdivision (b). The statute provides, in pertinent part: “(b) No punitive action . . . shall be undertaken by any public agency…

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