Apoa

Plaintiffs and appellants the Alhambra Police Officers Association (APOA) and Officer Robert Torrance (Torrance) (collectively appellants) appeal from a judgment denying their petition for writ of mandate seeking remedies for alleged violations of the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq.) (the Act) by respondents the City of Alhambra Police Department and Larry Lewis, in his capacity as Chief of the Alhambra Police Department (collectively the APD). We hold that Torrance may not challenge the discipline to which he agreed as part of a negotiated settlement; that the Act was not applicable to a criminal investigation by an outside agency; and that Torrance could be disciplined for removing and returning evidence to an officer even if he was representing that officer. Therefore, we affirm the trial court’s denial of the petition for writ of mandate.

FACTUAL AND PROCEDURAL BACKGROUND

On approximately January 30, 2001, the APD received a citizen complaint alleging that APD Officer Benny Marquez (Marquez) had sexually assaulted her following a traffic stop. The APD commenced an “internal affairs” investigation and placed Marquez on…