Bollinger

*571 Opinion

—In this employment matter, Michael Bollinger and the San Diego Police Officers’ Association (the Association) obtained a writ of mandate compelling the San Diego Civil Service Commission and Commissioners Linda LeGerrette, Robert P. Ottilie, Franne M. Picara, Daniel E. Eaton and Al Best (collectively the Commission), to set aside its closed session ratification of a hearing officer’s findings of fact and recommendation that BolUnger’s demotion be upheld. The court agreed the Commission’s act was void under Government Code 1 section 54957, a provision of the Ralph M. Brown Act (§ 54950 et seq.) (the Brown Act) because it failed to give Bollinger 24-hour written notice of his right to request a public hearing. We reverse.

Background

The facts are undisputed. On January 13, 1995, the San Diego Police Department demoted Bollinger from police agent to police officer II based upon his misconduct. He appealed to the Commission. A noticed public evidentiary hearing was held over three days in April and June 1995, with Commissioner Ottilie serving as the sole hearing officer.

The Commission’s written agenda for its August 3, 1995, meeting noted it would “recess into…

Concurring. — Although I concur in the opinion, I write separately to identify the narrow context of the legal issue we address in part H.A as presented to the trial court by Michael Bollinger’s petition for mandate and the narrow confines of the trial court’s judgment in response to that petition which is a subject of this appeal.

I also point out the procedural due process discussion in part II.B fails to consider the significance of the fact that, in this case, the hearing officer whose findings of fact and recommendation were considered by the San Diego Civil Service Commission (Commission) in executive session, was himself a commissioner and was present when his fellow commissioners *579 considered his findings and recommendation. In response to our letter inquiry, we were advised, “The full Commission routinely meets with the hearing officer to fully discuss the proposed report of the hearing officer and ratify the findings that are prepared prior to the meeting.” We were further advised that although more than three months transpired between the conclusion of the evidentiary hearing on these complaints and charges and the ratification of the hearing officer’s findings and…

In this employment matter, Michael Bollinger and the San Diego Police Officers' Association (the Association) obtained a writ of mandate compelling the San Diego Civil Service Commission and Commissioners Linda LeGerrette, Robert P. Ottilie, Franne M. Ficara, Daniel E. Eaton and Al Best (collectively the Commission), to set aside its closed session ratification of a hearing officer's findings of fact and recommendation that Bollinger's demotion be upheld. The court agreed the Commission's act was void under Government Code [1] section 54957, a provision of the Ralph M. Brown Act (§ 54950 et seq.) (the Brown Act) because it failed to give Bollinger 24-hour written notice of his right to request a public hearing. We reverse.

The facts are undisputed. On January 13, 1995, the San Diego Police Department demoted Bollinger from Police Agent to Police Officer II based upon his misconduct. He appealed to the Commission. A noticed public evidentiary hearing was held over three days in April and June 1995, with Commissioner Ottilie serving as the sole hearing officer. [2]

The Commission's written agenda for its August 3, 1995, meeting noted it would "recess into closed session…