West

Appellant Richard C. West, while employed by respondent city as a police officer, received a notice of termination from respondent Taylor, the City Manager of the City of Berkeley, notifying him he was terminated as a police officer effective December 2, 1975. This notice set forth specifically the charges, consisting of refusals to obey lawful orders of superior officers (a violation of Police Reg. 256) and a failure to submit over 600 investigative reports from June 1974 through August 1975 (a violation of Police Reg. 276).

West filed a timely notice of appeal with the city’s personnel board which thereafter held hearings. At the conclusion of the hearings four members of the personnel board recommended reinstatement and two members disagreed. Both the majority and minority recommendations were forwarded to the city manager.

After considering both the majority and minority reports the city manager found that West was properly terminated but that he should be rehired, not as a matter of right, upon the second available vacancy on the police force and be on probation thereafter for one year on certain conditions.

West, joined by the Peace Officers Research Association…