Morgado v. City and County of San Francisco

In 2008, a citizen with whom non-probationary officer Morgado interacted filed a complaint against him with the Office of Citizen Complaints (OCC) of the City’s Police Department. OCC investigated and shared its findings and recommendations with the chief of police. After further investigation by the internal affairs division, the Chief filed a disciplinary complaint with the Police Commission against Morgado in 2009. Morgado, represented by counsel, participated in a hearing before the full Commission, at the conclusion of which the Commission decided to terminate his employment. Morgado sued. The city acknowledged that it did not provide Morgado with an “administrative appeal” from the Commission’s decision. Government Code section 3304(b) provides that “[n]o punitive action . . . shall be undertaken by any public agency against any public safety officer . . . without providing the public safety officer with an opportunity for administrative appeal.” The court of appeal affirmed that the city’s procedure for disciplining police officers violates the statute. View "Morgado v. City and County of San Francisco" on Justia Law