City of Calexico v. BergesonAnnotate this Case
Rudy Alarcon filed a petition for writ of mandate seeking to invalidate hearing officer Robert Bergeson’s decision upholding the City of Calexico’s (City) termination of Alarcon’s employment as a City police officer. The City filed a petition for writ of mandate challenging Bergeson’s decision to award Alarcon back pay based on his finding that the City failed to provide Alarcon with sufficient predisciplinary notice of allegations that Alarcon had been dishonest during the investigation that led to his termination. The trial court consolidated the petitions and issued a written ruling that denied both petitions. As to Alarcon’s petition, the trial court determined that Alarcon had not met his burden to establish the charges against him were barred by the applicable statute of limitations. The trial court also found that the weight of the evidence demonstrated that Alarcon had “used force” and “discourteous language” during the arrest that led to his termination. With respect to the City’s petition, the trial court determined that “the hearing officer’s lengthy finding that the dishonesty charges were not properly noticed does not rise to the level of an abuse of discretion.” After review, the Court of Appeal found no reversible error in the trial court’s judgment with respect to Alarcon; the Court determined the City’s cross- appeal was untimely and should have been dismissed.