Perez

Perez v. City of Westminster

Good Law
2016 Cal. App. LEXIS 966·209 Cal. Rptr. 3d 504·5 Cal. App. 5th 358·2016 I.E.R. Cas. (BNA) 349
Court of Appeal of CaliforniaOctober 20, 2016G050718California2,833 words

Opinion

Opinion

Fybel, J.

Introduction

Brian Perez, an officer with the Westminster Police Department, was given notice of intent to terminate his employment, based on an alleged lack of honesty and cooperation in the investigation of a claim of police brutality. Perez appealed the decision to terminate his employment, and the chief of police concluded the allegations against Perez could not be sustained. Perez’s employment was not terminated, but he was removed from the SWAT team and the honor guard, and although he remained a field training officer, he was not assigned any trainees. Perez sued for violation of his rights under the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq.) (the Act). The trial court found the removal of Perez from the SWAT team and the honor guard, and the failure to assign trainees to him as a field training officer did not violate the Act. Perez appeals, and we affirm. Substantial evidence amply supported the trial court’s decision.

Statement of Facts and Procedural History

The facts underlying this case were set forth in a previous, unpublished opinion (Perez v. City of Westminster (Mar. 8, 2011, G042965), which we quote here:

“On…

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