Winter
Winter v. City of Los Angeles
Opinion
Lead Opinion
Epstein, J.
In this case, we conclude that the probationary period for a Los Angeles police officer was not extended by the period of time he was assigned home while a complaint against him was investigated. Since his probationary period expired before he was formally terminated, he was entitled to a board of rights proceeding. We reverse the order of the trial court.
*1060 Factual and Procedural Summary
Paul Winter was sworn in as a Los Angeles police officer on December 26, 1995. Under section 109(c) of the Los Angeles City Charter then in effect, 1 his term of probation was 18 months. Based on his hire date, Winter’s probationary term ordinarily would have expired on June 25, 1997 if no absences occurred to extend the probationary period.
In March 1996, while off duty, Winter and a female neighbor went to a bar in Long Beach where she became intoxicated. They returned to Winter’s apartment. The neighbor later reported to the Long Beach Police Department that Winter had raped her.
A personnel complaint was initiated against Winter. After a review of the complaint, Winter’s commanding officer, Captain Richard Roupoli, found the complaint “Not Resolved,” and sent it up the chain…