Sanchez

Plaintiff and appellant Ronald Sanchez (Sanchez), a police officer for the City of Los Angeles Police Department (Department), appeals a judgment denying his petition for writ of administrative mandate (Code Civ. Proc., § 1094.5) wherein he challenged the Department’s downgrade of his pay grade position from Police Officer HI to police officer II. Defendants and respondents herein are the City of Los Angeles (the City) and William Bratton, the City’s Chief of Police (Chief) (collectively referred to as the Department).

The threshold issue is whether the punitive action of downgrade of Sanchez’s position was barred by the one-year statute of limitations (Gov. Code, § 3304, subd. (d)) 1 set forth in the Public Safety Officers Procedural Bill of Rights Act (the Act) (§ 3300 et seq.). With respect to limitations of actions, the Act provides “no punitive action . . . shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. ... In the event…

I concur in the judgment with the exception of footnote 11 of the opinion.

Plaintiff and appellant Ronald Sanchez (Sanchez), a police officer for the City of Los Angeles Police Department (Department), appeals a judgment denying his petition for writ of administrative mandate (Code Civ. Proc., § 1094.5) wherein he challenged the Department's downgrade of his pay grade position from Police Officer III to Police Officer II. Defendants and respondents herein are the City of Los Angeles (the City) and William Bratton, the City's Chief of Police (Chief) (collectively referred to as the Department).

The threshold issue is whether the punitive action of downgrade of Sanchez's position was barred by the one-year statute of limitations (Gov.Code, § 3304, subd. (d)) [1] set forth in the Public Safety Officers Procedural Bill of Rights Act (the Act) (§ 3300 et seq.) With respect to limitations of actions, the Act provides "no punitive action . . . shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency's discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. . . . In the…