Ferguson

I

INTRODUCTION

In 2007, the City of Cathedral City (the City) terminated the employment of a police officer, Thomas Ferguson (Ferguson), after he had been arrested in 2006 for soliciting a prostitute and charged with violating Penal Code section 647, subdivision (b).

Ferguson appeals from a judgment denying his petition for writ of mandate (Code Civ. Proc., §§ 1085, 1094.5) in which he sought to reverse the termination of his employment.

*1164 The issue on appeal concerns the validity and enforceability of a settlement agreement between Ferguson and the City. We conclude that Ferguson repudiated the agreement and the City properly elected to treat the repudiation as a breach of the agreement, entitling the City to reinstate Ferguson’s discharge.

II

FACTUAL AND PROCEDURAL BACKGROUND

A. Ferguson’s Arrest and Plea

Ferguson’s employment with the Cathedral City Police Department (the Department) began in 2001. In November 2006, Ferguson was arrested during a videotaped sting operation conducted in the City of Ontario after Ferguson agreed to pay an undercover police officer $40 for oral sex. On November 16, 2006, Ferguson exited the 1-10 freeway at Holt Boulevard in…