Nathan Jackson worked as a detention officer for the Los Angeles Police Department. The City served Jackson with a notice of intent to suspend him for 10 days. In the final notice, all charges were upheld and remained substantially the same as in the initial notice, except that the charge that Jackson reported “unfit for duty” was replaced with the charge that Jackson did not wear his official Department-approved uniform.
Following a hearing, the Board of Civil Service Commissioners upheld the suspension and sustained each count supporting it. Jackson then filed a petition for writ of administrative mandate in the superior court alleging Skelly violations and seeking to have his suspension set aside and backpay awarded. The superior court found that the evidence supported all but one of the charges. The court found the record was unclear regarding whether the standards of one of the charges was met. Also, the court was concerned with Skelly violations since one of the charges was changed in the final notice. Therefore, the court vacated the suspension and ordered the Board to reconsider its decision based on these concerns. Jackson appealed.
The California Court of Appeal dismissed the appeal, finding that it was premature. Because the trial court ordered the Board to reconsider its findings, further appeal rights would be triggered if the Board imposed different discipline, or declined to award Jackson any backpay. Also, Jackson could file a new or supplemental petition for writ of mandate based on the Board’s new decision, and if Jackson was still dissatisfied, he could appeal from that judgment. To allow the appeal to proceed now would result in an inefficient, piecemeal disposition.
The Court dismissed Jackson’s appeal as premature.
Jackson v. Board of Civil Service Commissioners of the City of Los Angeles (City of Los Angeles), 2024 Cal.App LEXIS 77.