Miller v. City of Los Angeles

SUMMARY

A civil service employee appealed his discharge to the Board of Civil Service Commissioners (Board). After participating in two days of evidentiary hearings and after receiving the hearing examiner’s report recommending the Board’s approval of his discharge, the employee filed a “withdrawal and/or dismissal” of his appeal and later filed a complaint in the trial court, asserting claims of discrimination and related causes of action against his former employer. On demurrer, the employer argued the discharged employee’s complaint was barred by his failure to timely file a petition for administrative mandamus after the final Board decision. The trial court agreed, and the discharged employee appeals from the subsequently entered judgment. We affirm.

FACTUAL AND PROCEDURAL SYNOPSIS

On October 4, 2006, Daniel J. Miller, Jr., was discharged from his position as a construction and maintenance supervisor with the City of Los Angeles (City) Department of Water and Power (Department) for engaging in conduct constituting a conflict of interest, misconduct on the job seriously reflecting on his City employment and theft of City property. The next day, Miller appealed his…