Guinn

INTRODUCTION

Plaintiffs Harold Guinn and the San Bernardino County Safety Employees’ Benefit Association appeal a judgment denying their petition for writ of mandate and complaint for declaratory relief. In their petition, they alleged that Guinn, who is a sworn peace officer employed by the county’s probation department and a public safety officer within the meaning of the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq.; hereafter sometimes referred to as the Act), was entitled to an administrative appeal to contest his demotion from a supervisory position during a “promotional” probationary period. In the alternative, they sought declaratory relief as to the parties’ rights and responsibilities under the Act. The trial court denied the petition and the complaint for declaratory relief, and judgment was entered for the county.

The principal issue raised in this appeal is whether Government Code section 3304, subdivision (b) (hereafter section 3304(b); all further statutory citations refer to the Gov. Code unless another code is specified) mandates an administrative hearing under the circumstances of this case. We conclude that it does…