Turturici

The question in this appeal is whether a supervisor’s negative comments in an employee’s performance evaluation constitute “punitive action” so as to trigger the employee’s rights to an administrative appeal. We conclude they do not, and we affirm the judgment.

Facts

Plaintiff Michael Turturici is a sergeant on the Redwood City police force. In January 1984, plaintiff’s supervisor, Lieutenant Granucci, prepared a “performance appraisal” which contained some critical comments on plaintiff’s job performance.

At the conclusion of the performance appraisal in the “Recommendations” section, Lieutenant Granucci wrote: “He must bring his performance up to a satisfactory level during the next evaluation period. If he fails to perform satisfactorly [szc], I recommend disciplinary action be taken which could result in a reduction in pay or termination of service.” (Italics added.)

Plaintiff received a copy of the appraisal and indicated he would respond. But he did not do so. Instead his attorneys asked for an administrative appeal. The chief of police denied the request.

Thereafter, plaintiff filed the present lawsuit for mandamus and declaratory relief seeking a declaration…