Phillips

Appellants, County of Fresno, Steve Magarian, Sheriff of the County of Fresno, and Gary Peterson, Auditor/ Controller of the County of Fresno (collectively referred to as County) appeal from a judgment directing issuance of a peremptory writ of mandate ordering the County to reinstate respondent, Thomas Phillips, retroactively to his position as a deputy sheriff and to pay Phillips wages and benefits calculated from the date of reinstatement. The issues on appeal concern the propriety of relief by way of mandamus, the timeliness of the action and the application of Government Code section 31725 to the facts.

Statement of the Facts and Proceedings

Phillips first began employment with the County of Fresno as a deputy sheriff in August 1979. In November 1979, Phillips shot and killed a man during the course of a shootout. The administrative investigation concluded the shooting was justified, and Phillips returned to work at the conclusion of his mandatory administrative leave of absence. In December 1980 Phillips injured his neck during a training exercise and was placed on leave of absence with pay for one month. Soon after returning to work, he injured his knee when…