Quintero

Plaintiff Raul Quintero appeals from a judgment denying his petition for writ of mandate to reverse an order whereby his employment with defendant City of Santa Ana (City) was terminated. He challenges the validity of his termination on several grounds, including an assertion his administrative hearing before the Santa Ana Personnel Board (Board) violated due process. The argument is based on a claim of bias because a deputy city attorney that represented defendants before the Board has also acted as counsel for the Board. We find there was a clear appearance of bias and unfairness at the administrative hearing and reverse and remand on that basis.

FACTS

Plaintiff was a nonswom detention officer employed by the Santa Ana Police Department. In 2000 he was discharged for “repeated acts of sexual intercourse in the police facility with a female detention officer while on duty and in uniform.” Plaintiff filed an appeal with Board. After a hearing in September 2000, the Board upheld the termination. Plaintiff filed a petition for writ of mandate, claiming, among other things, that defendants failed to provide him with a fair hearing because the assistant city attorney…