Aguilar

Luis Aguilar, a police officer for the City of Turlock, appeals from a denial of a petition for writ of mandate sought against John R. Johnson as Chief of Police of the City of Turlock (Chief). Appellant prays for a writ directing the Chief to henceforth obey the provisions of the California Code of Regulations* and fulfill the requirements of the Turlock Police Department Manual concerning investigation of citizens’ complaints against police officers, to destroy the citizen’s complaint filed in appellant’s file and for attorneys’ fees.

Facts

In approximately May 1985, Linda Loya filed a signed citizen’s complaint on a form supplied by the police department charging Officer Aguilar with conspiracy to commit police brutality. Lieutenant Zaccaro, the officer in charge of such complaints, testified the complaint was not investigated because it was a copy rather than the original and because a criminal action was pending against the complainant arising out of the same facts as the citizen’s complaint. The complaint was placed in a confidential investigation file separate from appellant’s personnel file.

In either July or August 1985, a “Pitchess Motion” was filed in the…