Chico Police Officers' Ass'n v. City of Chico

Introduction

The City of Chico and its chief of police, U. F. Bullerjahn, challenge a judgment that Chico police officer Terry Moore engaged in speech protected under the First Amendment when he wrote an article in “The Centurion!” newsletter which characterized police department management personnel as the chief’s “lackeys.” “The Centurion!” is a publication “Expressing the Thoughts and Concerns of C[hico] P[olice] 0[fficer’s] Association] Members.” At the time of this incident, Moore was the Chico Police Officer’s Association’s president. The court granted Moore’s petition for a peremptory writ of mandate, ordered appellants to vacate their disciplinary action against Moore and to remove any reference to that action from his personnel file. We affirm.

Factual and Procedural Background

Respondent Chico Police Officers’ Association (hereafter, the Association) is an employee organization representing the law enforcement bargaining unit which consists of law enforcement employees of the city. Terry Moore is a police officer with the city’s police department and president of the Association.

The disciplinary action at issue arose when a copy of the December 21, 1988,…