Quintanar

The County of Riverside and the Riverside County Sheriff’s Department (collectively Department) demoted Deputy Jose Quintanar as a result of an incident in which Quintanar allegedly used excessive force. Pursuant to the applicable memorandum of understanding (MOU), Quintanar filed an administrative appeal. This triggered an evidentiary hearing before an impartial hearing officer. The hearing officer agreed that Quintanar had used excessive force and upheld the demotion.

Quintanar then filed a petition for writ of mandate. The trial court, sua sponte, questioned whether the hearing officer was required to exercise independent judgment with respect to the nature of the discipline to be imposed, and if so, whether he had, in fact, done so. It remanded the matter to the hearing officer with directions to clarify whether he had exercised independent judgment. On receiving his reply, it determined that he had not exercised independent judgment and it issued a writ commanding him to do so.

The Department appealed. We agree with the trial court that, under the MOU, the hearing officer was required to exercise independent judgment not only with respect to whether there were…