Manavian v. Dept. of JusticeAnnotate this Case
Plaintiff Edward Manavian held a career executive assignment (CEA) position as chief of the Criminal Intelligence Bureau (Bureau), part of the Department of Justice (DOJ). Assignment by appointment to such a position does not confer any rights or status in the position other than provided in Article 9 . . . of [Government Code] Chapter 2.5 of Part 2.6.” The rights conferred by article 9 are the rights of all civil service employees relating to punitive actions, except that the termination of a CEA is not a punitive action. CEA positions are part of the general civil service system, but an employee enjoys no tenure. Manavian’s job description was to cooperate with local, state, and federal law enforcement agencies to prevent terrorism and related criminal activity. However, Manavian’s relationships with state and federal decisionmakers were not good. The director and deputy director of the state Office of Homeland Security refused to work with Manavian. Richard Oules, Manavian’s superior, decided to terminate Manavian’s CEA position because of his dysfunctional relationship with federal and state representatives, and because of Manavian’s hostility toward Oules. Manavian sued, his complaint contained a long list of grievances. Manavian also claims that certain actions he took in liaising with other state and federal homeland security representatives, then reporting potentially illegal policy proposals, were protected by the California whistleblower statutes. The Court of Appeal concluded that the Public Safety Officers Procedural Bill of Rights Act (POBRA) protections were not triggered by the termination of Manavian’s CEA position, and that he was not protected as a whistleblower.