Baird
Baird v. City of Los Angeles
Opinion
Concurring Opinion
Potter, J.
I concur on the first ground alone.
A petition for a rehearing was denied January 26, 1976, and appellants’ petition for a hearing by the Supreme Court was denied February 26, 1976.
Lead Opinion
Cobey, J.
The sole issue on this appeal in a mandamus proceeding by four police officers (hereafter called petitioners) is whether the respondent police chief could properly demote them within their civil service classification of police officer for a nondisciplinary reason from police officer III to police officer II without complying with the formal board of rights procedures provided in section 202 of the Charter of respondent City of Los Angeles (hereafter City). 1 The trial court, in the minute order it entered preliminary to its making and entering the judgment under appeal denying petitioners relief in mandamus, determined that respondent police chief could so demote them because section 202 of the charter applies only to disciplinary cases. We agree that the charter section does not apply to the nondisciplinary demotions before us and we will therefore affirm.
*122 Section 202, subdivision (I), in pertinent part provides that: “No officer or employee of the Police Department shall be suspended, removed, deprived of his office or position, or otherwise separated from the service of the Police Department (other than by resignation), except for good and sufficient cause shown…