Gray

Herbert Gray was dismissed from his position as a captain with the Tulare County Sheriff’s Department (Department) for, among other reasons, making statements in a local newspaper critical of the sheriff, Melvin Coley. Gray appealed his dismissal to the Tulare County Board of Supervisors (Board). A four-day evidentiary hearing followed before an administrative law judge who recommended to the Board that it deny the appeal. The Board adopted the recommendation, whereupon Gray filed a petition for a writ of mandate. The court granted the petition on the ground Gray’s statements were protected speech and ordered a writ to issue directing the Board to set aside its action and reconsider its decision. The Board has appealed.

The question before us is whether Gray’s statements were protected by the First Amendment to the United States Constitution. For the reasons set forth below, we hold they were not and reverse.

Factual and Procedural History

Bob Wiley retired as the Sheriff of Tulare County in 1991, after serving in that position for 24 years. The leading candidates in the election to succeed him were his undersheriff, Doyle Hoppert, and Melvin “Butch” Coley. Coley, a…