Facts

Francisco Ibarra worked as a police officer for the City of Watsonville, before he was terminated after allegedly deploying a police dog on a compliant suspect and falsifying police reports. The city conducted a disciplinary hearing by its Personnel Commission, which then advised the city manager. The Commission found that Ibarra engaged in misconduct, but recommended a penalty other than termination. It found that he had not violated any police policies, he should not be terminated from his employment, and he had misstated some minor facts in a police report. The city manager found termination appropriate, and Ibarra was let go. Ibarra filed a petition for writ of administrative mandamus against the city.

PLAINTIFF'S CONTENTIONS:
Ibarra alleged the city manager should have deferred to the Commission's advice. Ibarra argued the city manager did not attend the hearings, did not see the demeanor of the witnesses, and his decision was made from simply reading the record.

DEFENDANT'S CONTENTIONS:
The city contended that the manager had the power to review and either adopt, revoke, or modify the Commission's decision.

Result

The court denied Ibarra's writ petition and upheld the city's decision to terminate his employment.

Other Information

Ibarra, who was President of the Police Officer's Union, has filed a federal civil rights action in U.S. district court, alleging retaliatory violations of his First Amendment rights to speak out on matters of public importance.