Joseph v. City of Atwater
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Joseph alleged that Atwater terminated his employment as chief of police in violation of the Public Safety Officers Procedural Bill of Rights Act (POBRA) Gov. Code 3304(c): no chief of police may be removed from office without being provided written notice of the reasons “and an opportunity for administrative appeal.” Joseph claims the hearing offered by Atwater was not mutually scheduled, was not before a mutually selected neutral hearing officer, did not require the city to bear the burden of proof as to just cause for his termination, and did not require Atwater to present witnesses and allow them to be cross-examined. The trial court denied Joseph’s petition, concluding he was an at-will employee. Joseph’s employment agreement stated he could be removed as police chief for any reason; if the removal was not for willful misconduct, he had the option of continuing his employment by returning to the position of police lieutenant.
The court of appeal reversed. Joseph was an at-will employee only as police chief and had rights to employment as a lieutenant that could be terminated only for cause. Before Atwater could terminate his right to employment as a lieutenant, it was required by POBRA to provide him with the type of administrative appeal afforded public safety officers who are terminable only for cause, including a full evidentiary hearing before a neutral fact-finder.
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