O'Dell

O'Dell v. City of San Diego

Good Law
1989 Cal. App. LEXIS 70·207 Cal. App. 3d 882·255 Cal. Rptr. 135
Court of Appeal of CaliforniaJanuary 31, 1989No. D007303California1,598 words

Opinion

Lead Opinion

Wiener, J.

Janis O’Dell lost her job as a police officer when she failed to successfully complete the required 12-month probationary period. 1 O’Dell claims she completed probation before the City of San Diego (City) and Police Chief William B. Kolender notified her that her period of probation had been extended and argues she was therefore entitled to a civil service hearing before termination. The trial court rejected O’Dell’s argument and denied her petition for writ of mandamus. We conclude the City was required to act on the police department’s request to extend probation before the probationary period expired unless it notified O’Dell the request was pending and demonstrated good cause for delay. We therefore reverse the order in order for the trial court to determine whether the City’s delay was justified.

Factual and Procedural Background

The City hired O’Dell as a Police Officer I on June 26, 1985, following her graduation from the police academy. During the ensuing 12 months of probationary status, O’Dell sustained a work-related injury to her right leg *884 and a nonindustrial back injury. O’Dell missed or worked in modified duty status for a total of 155 days as a…

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