Munroe

Munroe v. Los Angeles County Civil Service Commission

Good Law
173 Cal. App. 4th 1295·2009 Cal. App. LEXIS 742·93 Cal. Rptr. 3d 716
Court of Appeal of CaliforniaApril 16, 2009B208003California2,926 words

Opinion

Opinion

Aldrich, J.

INTRODUCTION

When the Los Angeles County Department of Public Works (the DPW) discharged Massie Munroe from her job, it notified her of the 15-day window in which to seek an appeal hearing with the Los Angeles County Civil Service Commission (the Commission). Munroe did not notify the Commission for more than 60 days, and so the Commission denied her appeal as untimely. The trial court granted Munroe’s petition for writ of mandate and directed the Commission to accept her late appeal. The court reasoned that the Commission abused its discretion in failing to deem Munroe’s request for appeal as good cause for an extension of time to appeal. The DPW appeals. We reverse the judgment granting the writ petition.

FACTUAL AND PROCEDURAL BACKGROUND

After holding a Shelly hearing, the DPW discharged Munroe from her position as an associate civil engineer for her “threatening and intimidating statements about ‘guns’ and ‘shooting’ people in the workplace. [f] . . . disruptive behavior [1] . . . failure to comply with supervisory instructions.” The County of Los Angeles has a “Zero Tolerance Policy” for acts of violence or threats in the workplace.

The DPW’s notice of discharge…

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