Neves

Neves v. Department of Corrections & Rehabilitation

Good Law
136 Cal. Rptr. 3d 617·2012 Cal. App. LEXIS 88·203 Cal. App. 4th 61·2012 WL 280731·33 I.E.R. Cas. (BNA) 892
Court of Appeal of CaliforniaJanuary 31, 2012No. F061770California2,825 words

Opinion

Lead Opinion

Franson, J.

*64 Opinion

INTRODUCTION

Government Code section 3304, subdivision (f) (section 3304(f)), a provision of the Public Safety Officers Procedural Bill of Rights Act (POBRA) (Gov. Code, § 3300 et seq.) 1 states that when a public agency decides to discipline a public safety officer, “the public agency shall notify the public safety officer in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, except if the public safety officer is unavailable for discipline.” In this case, we hold that the public agency, appellant Department of Corrections and Rehabilitation (the Department), satisfied section 3304(f), when its written notice of adverse action, dated January 27, 2010, was received by the public safety officer, appellant Lawrence Neves, on either February 1, or 2, 2010.

FACTUAL AND PROCEDURAL BACKGROUND

The Department caused Neves to be personally served on December 30, 2009, with a document entitled “SULIER NOTICE” (original italics and underscoring). It advised Neves that the Department’s investigation into allegations of misconduct by Neves had been completed. It further stated: “Pursuant to…

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