Olguin

BACKGROUND

Plaintiff’s Termination Plaintiff was employed with the City of Hollister Fire Department for over 25 years before he was discharged for misconduct. He was hired as a firefighter, promoted to firefighter/engineer, and served as a fire captain for approximately five years before he was terminated. Following an internal affairs investigation, the city notified plaintiff on October 11, 2019, of its intent to terminate his employment. The written notice described the misconduct giving rise to the adverse action, which involved an altercation between plaintiff and his brother (also a city firefighter) at a birthday party the previous October. A Skelly conference was held on November 21, 2019,1 and was attended by plaintiff, his attorney, a city fire captain, and the city’s management services director who served as the decisionmaker. Plaintiff opposed the proposed termination orally and in writing, and provided numerous documents to the director, including letters of support from colleagues. The director considered the statements, documents, and plaintiff’s remorse before issuing a final notice of termination on January 8, 2020. According to a declaration submitted by…