Lucio

Plaintiff and appellant Jerry Lucio (Lucio), a former Los Angeles Police Department (LAPD or Department) officer, appeals a judgment denying his petition for writ of administrative mandate. (Code Civ. Proc., § 1094.5.) In the petition, which named defendants and respondents City of Los Angeles (the City) and William Bratton, Chief of Police (Chief Bratton) (collectively, the City), Lucio sought to overturn an administrative decision terminating his employment as an LAPD officer.

One year and 13 days after discovering Lucio’s misconduct, the Department filed a personnel complaint with the Los Angeles Police Commission. The essential issue presented is whether certain aspects of the City’s disciplinary action against Lucio, namely, counts one, two and three, were barred by the one-year limitations period of Los Angeles City Charter (Charter) section 1070(c).

We conclude the City satisfied the one-year limitations provisions of Charter section 1070(c) because the matter was tolled for well in excess of 13 days, while the Department conducted a months-long internal criminal investigation into Lucio’s conduct. (Charter, § 1070(c)(1).)

We further conclude that although count…