Jaramillo

Jaramillo v. County of Orange

Good Law
133 Cal. Rptr. 3d 751·200 Cal. App. 4th 811·2011 Cal. App. LEXIS 1397·33 I.E.R. Cas. (BNA) 62
Court of Appeal of CaliforniaNovember 8, 2011Nos. G043142, G043813California7,301 words

Opinion

Lead Opinion

Rylaarsdam, J.

The County of Orange (the County) appeals from a judgment awarding former Orange County Assistant Sheriff George Jaramillo (Jaramillo) backpay for the period from his March 2004 summary dismissal from the sheriff’s department until his January 2007 plea of no contest to two state law felony counts. The 2007 no contest plea made it impossible for him to continue to work as a law enforcement officer in any event. (Gov. Code, § 1029; all further undesignated statutory references are to that code.) There is no dispute that the summary termination without notice, or the opportunity for an administrative appeal, violated the Public Safety Officers Procedural Bill of Rights Act (POBRA), section 3300 et seq. (See generally Riverside Sheriffs’ Ass'n v. County of Riverside (2011) 193 Cal.App.4th 20, 30 [ 122 Cal.Rptr.3d 197 ] (Riverside Sheriffs) [dismissals are considered punitive actions under POBRA and require opportunity for administrative appeal].) The County argues, however, that the trial court erred in not affording preclusive effect either to (a) Jaramillo’s 2007 felony convictions or (b) certain waivers he signed in 1998 and again in 2000 waiving *815 POBRA protections.…

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