Ochoa

*238 INTRODUCTION

Appellant Arthur Ochoa, formerly employed by the Kern County Sheriff's Office (KCSO) as a deputy sheriff, petitioned for a peremptory writ of mandate commanding respondents County of Kern and Kern County Sheriff Donny Youngblood to set aside his termination and other extraordinary relief to remedy a violation of the Public Safety Officers Procedural Bill of Rights Act ( Gov. Code, § 3300 et seq. ). 1 Ochoa claimed KCSO-in contravention of section 3304, subdivision (d)-failed to complete an administrative investigation of his alleged misconduct and notify him of the proposed disciplinary action within one year of the public agency's discovery by a person authorized to initiate said investigation. The superior court entered an order and judgment denying the petition.

On appeal, Ochoa reiterates his termination was time barred because a KCSO sergeant initiated an investigation of his alleged misconduct on March 25, 2013, and an internal affairs investigator notified him of the proposed termination on August 11, 2014. Respondents assert the one-year statute of limitations period in section 3304, subdivision (d)(1), does not commence until an internal affairs…