Robinson

Robinson v. City of Chowchilla

Good Law
134 Cal. Rptr. 3d 687·2011 Cal. App. LEXIS 1634·202 Cal. App. 4th 368
Court of Appeal of CaliforniaDecember 23, 2011No. F059608California3,991 words

Opinion

Lead Opinion

Dawson, J.

A former chief of police sued the city that had employed him, alleging breach of contract, wrongful termination, and violations of the Public Safety Officers Procedural Bill of Rights Act (POBRA) (Gov. Code, § 3300 et seq.).

The trial court determined that the city breached its obligations under POBRA when it removed the police chief from office without notice, a statement of reasons and an opportunity for an administrative appeal as required by section 3304, subdivision (c). The court also determined that the police chief’s employment agreement automatically renewed for an additional three-year term in 2003, and the city breached the agreement when it *371 dismissed the police chief in September 2003. The court granted defendants’ motion for summary adjudication of the wrongful termination claim on the ground that the former police chief failed to comply with the claim filing requirement in the Government Claims Act. 2 (§ 810 et seq.)

First, we conclude that the trial court properly construed and applied the provisions of POBRA when it determined that the police chief had been removed from office without the requisite notice, statement of reasons, and opportunity for…

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