Breslin

This appeal poses important questions about the application and interpretation of the one-year statute of limitations for bringing disciplinary charges against police officers. (See Gov. Code, § 3304, subd. (d) (hereafter section 3304(d)).) In this matter, the trial court denied a petition for writ of mandate and for injunctive relief filed by appellant Gregory W. Breslin and three other San Francisco police officers who sought dismissal of police disciplinary charges pending against them before respondent San Francisco Police Commission (commission). The officers appeal the order denying issuance of a writ of mandate and denying the request for injunctive relief, contending that the disciplinary charges are time-barred. (See § 3304.) In November 2005, we granted the officers’ petition for writ of supersedeas staying the underlying disciplinary proceedings until the appeal was resolved.

We find that three statutory exceptions to the one-year limitations period were erroneously applied in this matter. As a result, we conclude that the disciplinary charges were not timely filed against any of the four officers. Thus, we reverse the trial court order denying mandamus relief…