Ziegler

Ziegler v. City of South Pasadena

Good Law
73 Cal. App. 4th 391·86 Cal. Rptr. 2d 424
Court of Appeal of CaliforniaJuly 27, 1999B126356California2,248 words

Opinion

Opinion

Nott, J.

Scott Ziegler appeals from the trial court’s denial of his petition for writ of mandate. The petition challenged Ziegler’s discharge for misconduct from his position as a police officer with the South Pasadena Police Department (Department). Ziegler contends that the trial court’s findings of fact are not supported by substantial evidence and that there is no just cause to discharge him.

Factual and Procedural Background

Ziegler was terminated from his position as a police officer on November 7, 1996. He appealed his termination. The City of South Pasadena (City) appointed an arbitrator to conduct a hearing and make advisory findings. The arbitrator recommended reinstatement. The city manager then reviewed the record and rendered a final decision, upholding Ziegler’s termination.

Ziegler filed a petition for writ of mandate pursuant to section 1094.5 of the Code of Civil Procedure. The trial court independently reviewed the administrative record and found that it fully supported the city manager’s findings and that the city manager did not abuse his discretion in terminating Ziegler. It found that there was no legal prohibition to the City’s terminating Ziegler for the…

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