Kreutzer

Kreutzer v. City and County of San Francisco

Good Law
166 Cal. App. 4th 306·2008 Cal. App. LEXIS 1355·82 Cal. Rptr. 3d 644·28 I.E.R. Cas. (BNA) 183
Court of Appeal of CaliforniaAugust 26, 2008A116389California6,652 words

Opinion

Opinion

Ruvolo, J.

In this opinion, we conclude that a government employee hired into a position expressly classified as exempt from civil service is not entitled to the protections of the civil service system upon the employee’s release from the position, even if a court finds that, based on the duties of the position, it should not have been classified as exempt. We also hold that where a government employee is released from employment for reasons characterized only as nondisciplinary, and not otherwise publicly disclosed, the employee’s liberty interest in reputation has not been infringed, and the employee is entitled to no relief. Accordingly, we reverse the trial court’s judgment in this case, which ordered a government employer to reinstate a former exempt employee into a nonexempt position.

I. FACTS AND PROCEDURAL BACKGROUND

Dr. Michael Christoph Kreutzer, the respondent on this appeal, is a licensed physician who is board certified in both adult psychiatry and child and adolescent psychiatry. He is fluent in Spanish, French, and German, as well as English.

Dr. Kreutzer was first hired by appellant City and County of San Francisco (City) in 1994, as the half-time medical director…

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