Giuffre v. Sparks (December 16, 1999)
* Court: State Appellate
* Jurisdiction: Kern County
* Plaintiff's Job Class: Deputy Sheriff
* Plaintiff's Counsel: Robert Carbone
* Trial Court: Against plaintiff
* Appellate Court: In favor or plaintiff
* Issues: Administrative appeal, Public Safety Officers Procedural
Bill of Rights
Giuffre Facts
* Giuffre was a senior deputy sheriff with Kern County.
* Giuffre had been a member of the department's SWAT team for eleven
years. He received an extra 5% pay for that assignment.
* In February 1997, during an argument with a girlfriend, he
threatened to commit suicide.
* As a result, he received a six-month suspension from the SWAT team.
* In September 1997, during a long distance telephone call, he
threatened to kill his ex-wife.
* As a result, the assistant sheriff issued Giuffre a written
reprimand and removed him from SWAT team.
* Pursuant to county policy and the MOU, Giuffre’s sole
administrative appeal was a non-evidentially hearing before the sheriff.
* Giuffre appealed; the sheriff upheld the discipline, except he
permitted Giuffre to reapply to the SWAT team in nine months.
* Giuffre filed a petition for writ of mandate.
* The superior court denied his petition and ruled that the county’s
administrative appeal compiled with the Public Safety Officers
Procedural Bill of Rights (PSOPBR).
* The appellate court reversed and held in favor of Giuffre.
Giuffre Analysis
* The court holds that Government Code section 3304(b) requires that
an administrative appeal include an evidentiary hearing, citing the 1995
Runyan v. Ellis case and the 1990 Gray v. City of
Gustine case (an LDF case).
* Giuffre was not afforded an evidentiary hearing before the sheriff.
* Contrary provisions in an MOU cannot alter a not-at-will peace
officer’s rights under Government Code section 3304(b)or under
procedural due process.
* A reassignment of a peace officer which results in a loss of pay is
subject to Government Code section 3304(b).
Conclusion
This decision reaffirms that an officer who is reassigned and loses
pay is entitled to an evidentiary appeal under the Public Safety
Officers Procedural Bill of Rights.
