Duffy

Robert L. Bell petitioned for a writ of mandate (Code Civ. Proc., § 1094.5) in the superior court alleging he was a sworn peace officer as defined by Penal Code section 830.1, entitled to an administrative appeal pursuant to Government Code section 3304, subdivision (b), before termination from temporary employment with the County of San Diego Sheriff’s Department.

In response John Duffy, Sheriff of the County of San Diego, alleged Bell was employed as a “temporary guard,” not a peace officer embraced in Penal Code section 830.1 Respondent claims Bell is without the protection afforded “peace officers” by the so-called “Public Safety Officers Procedural Bill of Rights Act” (Act). (Gov. Code, § 3300 et seq.)

The superior court entered judgment on January 5, 1979, dismissing the writ of mandate. The trial court reasoned “the Legislature in enacting 3300 [Gov. Code] and the following sections, did not intend a sweeping elimination of the long-standing right of governmental agencies to summarily terminate temporary. . .employees without a hearing.” Additionally the court determined the Act could not constitutionally be applied to regulate a matter of municipal concern in a…