Morgado v. City and County of San Francisco
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The court of appeal previously concluded that San Francisco’s procedural approach to punishing Morgado for misconduct violated the Public Safety Officers Procedural Bill of Rights Act by not providing a valid avenue for administrative appeal of his 2011 termination from his police employment and affirmed a 2014 injunction directing the city to vacate Morgado’s termination and reinstate him pending administrative appeal. Morgado was reinstated but was suspended without pay retroactive to his 2011 termination. In 2018 he obtained an order holding San Francisco in contempt for failure to comply with the injunction and requiring the city to vacate “unconditionally” Morgado’s termination and suspension, compensate him with front pay and benefits lost, and “refrain from ... any other action” against Morgado.
San Francisco offset the payment owed to him based on his post-termination earnings from side income as a mortgage broker, a deduction of $181,402. Morgado obtained a second order of contempt, directing the city to pay Morgado the amount deducted and to re-assign him to administrative duties. The court of appeal vacated that order as not resting upon a “clear, intentional violation of a specific, narrowly drawn order.” The trial court again found the deduction inapplicable and ordered the city to pay the amount deducted. The court of appeal reversed, citing precedent that entitles the city to deductions for Morgado’s side income, and remanded for recalculation of the amount.
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