Police officer filed petition for writ of mandate seeking to set aside city disciplinary appeals board’s decision to terminate her for failure to comply with condition of employment requiring her to be vaccinated against COVID-19.
The Superior Court, Los Angeles County, denied petition but awarded her back pay based on finding that city violated her due process rights by giving her insufficient time to respond to charges against her. Officer appealed.
The Court of Appeal held that:
- Substantial evidence supported trial court’s finding that officer was terminated for refusal to comply with mandate and thereby violated a condition of employment;
- Board did not abuse its discretion in finding that termination was appropriate remedy; and
- Award of back pay was sufficient remedy for city’s due process violation.