Towner v. County of Ventura
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Towner was a Ventura County District Attorney (VCDA) investigative commander. VCDA investigator Michael brought an administrative action alleging “fraud, favoritism, and other non-merit based factors in the promotional process.” Towner testified under subpoena at the Civil Service Commission hearing on Michael’s action. VCDA investigated, concluded that Towner had testified falsely, and gave Towner notice of its intent to terminate him for dishonesty. Towner submitted evidence at an administrative hearing to prove his honesty and requested an appeal hearing. The county sought to disqualify the Civil Service Commission from presiding over the hearing based on an asserted conflict of interest because the Commission would be defending its own decision. The County submitted notices of disciplinary action, labeled: “CONFIDENTIAL PERSONNEL DOCUMENT.” The superior court denied the county’s application. The Commission ordered Towner reinstated with full back pay and benefits.
Towner filed suit, alleging violation of the Public Safety Officers Procedural Bill of Rights Act (Gov. Code 3300, POBRA) and negligence per se based on violation of Penal Code 832.7. The court granted the county defendants’ SLAPP motion (strategic lawsuits against public participation), Code of Civil Procedure section 425.16. The court of appeal reversed. The County defendants’ willful disclosure of Towner’s confidential personnel records without complying with mandatory procedures for disclosure was punishable as a misdemeanor under Government Code section 1222, so their disclosure did not constitute protected activity for purposes of a SLAPP motion.
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