Bonome v. City of Riverside

Defendants-appellants City of Riverside (City) and Riverside Police Chief Sergio Diaz appealed the grant of a petition for writ of mandate filed by plaintiff-respondent Camillo Bonome, Jr. Bonome had been employed as a Riverside Police Officer since 1995. In 2013, a Memorandum of Finding was sustained against Bonome for failing to properly investigate and report an incident involving a sexually abused girl in 2012. Chief Diaz recommended Bonome be terminated. Prior to the hearing on his termination, Bonome applied for and was granted disability retirement by CalPERS for a back injury he sustained while on duty. Upon his disability retirement being effective, Bonome requested his retirement identification badge and that the badge include a Carry Concealed Weapon (CCW) endorsement. Bonome’s request was denied because Chief Diaz and the City did not consider him to be “honorably retired” as that term was defined in Penal Code section 16690. The City and Chief Diaz stated he was not entitled to a hearing to dispute the finding. Bonome filed the Writ contending he was honorably retired and entitled to a CCW endorsement, and if the endorsement was denied for cause, he was entitled to a good cause hearing. The trial court agreed and granted the Writ. On appeal, the City and Chief Diaz insisted the trial court erred when it determined Bonome was “honorably retired.” The Court of Appeal upheld the trial court’s grant of the Writ. The City and Chief Diaz could deny the CCW endorsement for cause but Bonome was entitled to a good cause hearing if it was denied. View "Bonome v. City of Riverside" on Justia Law