Hall-Villareal

Hall-Villareal v. City of Fresno

Good Law
125 Cal. Rptr. 3d 376·196 Cal. App. 4th 24·2011 Cal. App. LEXIS 679
Court of Appeal of CaliforniaJune 2, 2011No. F060144California3,451 words

Opinion

Lead Opinion

Wiseman, J.

After she was fired from her job with the City of Fresno, Joy Hall-Villareal requested an appeal hearing to challenge the termination. The Civil Service Board (CSB) rejected her appeal as untimely. She then petitioned the trial court for a writ of mandate ordering the City of Fresno, the CSB, and Juanita Chavez, acting secretary to the CSB (collectively the City), to conduct a hearing on the merits of the termination decision. The trial court granted the petition, and the City appealed.

We hold that, contrary to the City’s contention, Hall-Villareal’s application for retirement benefits did not divest the CSB of jurisdiction to hear her appeal. We also hold that, since this case involves the fundamental vested right to continued employment, due process requires that a good cause exception for late-filed appeals be read into the administrative procedures. We affirm the judgment. Hall-Villareal requests attorney’s fees, but we decline to award them.

FACTUAL AND PROCEDURAL HISTORIES

Hall-Villareal worked for the City of Fresno for 21 years. Her most recent position was senior administrative clerk with the Fresno Police Department. *28 On February 10, 2009, she was given a…

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