SULIER

Sulier v. State Personnel Board

Good Law
125 Cal. App. 4th 21·2004 Cal. App. LEXIS 2179·2004 Daily Journal DAR 15096·22 Cal. Rptr. 3d 615·2004 Cal. Daily Op. Serv. 11154
Court of Appeal of CaliforniaDecember 20, 2004C046695California4,650 words

Opinion

Opinion

Robie, J.

Does Government Code section 3304, subdivision (d) (contained in the Public Safety Officers Procedural Bill of Rights Act ) require the California Department of Corrections (CDC) to mail a formal notice of adverse action within one year of the discovery of a correctional officer’s misconduct by someone authorized to investigate that misconduct? No. That statute states the CDC must “notify the public safety officer of its proposed disciplinary action within” that one-year deadline. Because the CDC complied with this statute here, we shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The relevant facts of this case are undisputed. The CDC imposed discipline on Paul Sulier by demoting him from correctional sergeant to correctional officer based on allegations he provided confidential information about one inmate to another.

The initial investigation into Sulier’s conduct started on July 10, 2000. On July 2, 2001, the CDC sent Sulier a letter notifying him of the completion of the investigation and the discipline it proposed to impose on him: “You are hereby notified that the investigation into your behavior has been completed. The investigation sustained the…

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