James Mitchel v. City of Santa Rosa

MEMORANDUM

The district court’s dismissal of Claim 2 is affirmed. Claim 2 is waived because James Mitchel voluntarily invoked arbitration under section 56 of the Santa Rosa City Charter without challenging any aspect of section 56. See Moncharsh v. Heily & Blase, 3 Cal.4th 1 , 10 Cal.Rptr.2d 183 , 832 P.2d 899, 917 (1992). Even if Mitchel did not waive Claim 2, the claim was properly dismissed because the arbitration costs imposed in his individual case, which involved a cost-sharing provision between the employer and employee, did not violate Mitchel’s right to due process. The Santa Rosa Personnel Rules guaranteed Mitchel the right to a hearing before the Personnel Board, and any decision would have been subject to judicial review. Instead, Mitchel opted for final and binding arbitration under the terms of the Santa Rosa City Charter.

As to Claim 13 in the First Amended Complaint (“FAC”), Mitchell alleges very generally that the arbitration award should be vacated because of violations of California Government Code section 1286.2. The specific grounds for vacatur are alleged to be: unlawful tactics of Arbitrator Kelly; the arbitration panel exceeded its powers by hearing the…