Hunter

Hunter v. Los Angeles County Civil Service Commission

Good Law
102 Cal. App. 4th 191·124 Cal. Rptr. 2d 924·2002 Cal. App. LEXIS 4661·2002 Daily Journal DAR 10917·2002 Cal. Daily Op. Serv. 9710
Court of Appeal of CaliforniaSeptember 19, 2002No. B153508California2,222 words

Opinion

lead Opinion

Epstein, J.

This is an appeal from a judgment ordering the Los Angeles County Civil Service Commission (Commission) to exercise jurisdiction over an appeal from a denial of promotion pursuant to the Public *193 Safety Officers Procedural Bill of Rights (Gov. Code, § 3300 et seq.). 1 We conclude the Commission lacks jurisdiction to hear and decide the appeal. We therefore reverse the judgment.

Factual and Procedural Summary

Thomas Hunter was employed as a senior district attorney investigator with the Bureau of Investigations in the Los Angeles County District Attorney’s Office. As such, he is a public safety officer within the definition of the Public Safety Officers Procedural Bill of Rights. (§ 3301; Pen. Code, § 830.1, subd. (a).)

In April 2000, Hunter tested for the position of supervising investigator. He placed in band 1, and for several months he served as an acting supervising investigator. When promotions to supervising investigator were made from the eligibility list, he was not promoted.

Hunter filed an appeal with the Commission, claiming the denial of promotion was on grounds other than merit, and requesting a full evidentiary hearing pursuant to section 3304,…

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