Gilbert v. City of Sunnyvale

Randall Gilbert, formerly a public safety officer with the City of Sunnyvale, was terminated from his employment for cause. He appeals from the denial of his petition for a preemptory writ of mandate.

His petition alleged denials of procedural due process and noncompliance with Government Code section 3303, subdivision (g), a provision of the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq.; Bill of Rights Act or Act). On appeal, appellant Gilbert asserts that his termination was based upon respondents’ conclusion that he was “on the take” and the respondents’ constitutional and statutory violations have prevented him “from adequately and fairly responding to those allegations and from disproving them.” Additionally, appellant insists that to comport with due process, “the ‘legal advisor’ to the Personnel Board [during the appeal process] should not be an attorney hired and paid for by the City with a past relationship with the City and with future expectation of further employment by the City.”

We find no merit to his contentions and affirm.

A. Background

The appellant’s alleged conduct that led to the disciplinary action against him…