Davis v. County of FresnoAnnotate this Case
Plaintiff filed a petition for a writ of administrative mandamus requesting the superior court to set aside the Commission's decision denying the administrative appeal of his dismissal from employment as a supervising juvenile correctional officer. The Court of Appeal held that the materials delivered prior to plaintiff's Skelly hearing satisfied the requirements of due process applicable before disciplinary action was imposed. However, the County violated plaintiff's rights under the Public Safety Officers Procedural Bill of Rights Act (POBRA) to receive any reports or complaints made by investigators or other persons. The court interpreted the term "any reports" to include the incident reports and interview transcripts attached to a 2012 memorandum prepared by a special probation investigator who looked into a retaliation complaint made by another officer against plaintiff. The court held that the record did not compel it to reinstate plaintiff with backpay and noted that there existed a wide range of remedies. The court reversed and remanded for the superior court to decide the appropriate remedy in the first instance.