Donnellan v. City of Novato (February 1, 2001)
* Court: California Appellate
* Jurisdiction: City of Novato
* Plaintiffs' Job Class: police corporal
* Trial Court Decision: against plaintiff
* Appellate Court Decision: In favor or plaintiff
* Issue Areas: Petition for writ of administrative mandate, CCP
section 1094.6, notice of filing period
Donnellan Facts
*
The Novato police chief in October 1998 recommended
that Corporal Donnellan be demoted.
* The city manager in January 1998 approved the demotion.
* Donnellan in January 1998 appealed the demotion.
* In May 1998, an administrative law judge (ALJ) recommended
that the demotion be overturned.
* In September 1998, the City Council rejected the ALJ's
recommendation and instead imposed a four-day suspension.
* The city manager mailed a copy of the Council's decision to
Donnellan but did not include with it a certificate of mailing.
* In late December 1998, Donnellan filed his petition for
writ of mandate more than ninety days after the city manager mailed the
Council's decision to him.
* The trial court ruled that Donnellan's action was barred
because it was not filed within the ninety-day period.
* The
appellate court reversed the trial court.
Donnellan Analysis
* Code of Civil Procedure (CCP) section 1094.6 requires
a petition for writ of administrative mandate to be filed within ninety
days of the administrative decision becoming final.
* CCP section 1094.6(f) requires the agency to give to the
individual a notice of the ninety-day filing period. CCP section 1094.6(b) requires that the notice include a
certificate of mailing.
* The city argued that the cover letter it included with the
notice substantially complied with the certification-of-mailing
requirement.
*
The court interpreted CCP section 10994.6(b)'s certification-of-mailing
requirement to mean what it says, i.e., a written statement stating the
date on which the decision was mailed to the employee must be given to
the employee.
* The
court ruled that the city's cover letter did not measure up, since it
did not state on what date the Council's decision was mailed to
Donnellan.
* The case will now go back to the trial court
for a decision on the merits of Donnellan's petition.
