Zeron

Carlos Enrique Zeron appeals from a judgment denying a petition for a writ of mandate against respondents City of Los Angeles (City) and Bernard Parks, in his capacity as chief of police.

The Charter of the City of Los Angeles provides at article DC, section 109(c) that a candidate for police officer may be required to serve a probationary period of up to 18 months. The section further provides that unless the candidate is terminated in writing by notification to the civil service commission (Commission) prior to the expiration of the probationary period, such candidate becomes a tenured police officer.

There is a significant difference between being a probationary officer and a tenured officer, particularly when termination is involved. A tenured officer may only be discharged for cause, after having received a full hearing. (Currieri v. City of Roseville (1970) 4 Cal.App.3d 997, 1001 [ 84 Cal.Rptr. 615 ].) In the City, such a board of rights hearing is held before a three-person panel. Four police officers of the rank of captain (or above) are selected at random, from which the probationary officer may eliminate two. The other panel member is a civilian, selected by a…