County of Los Angeles v. Los Angeles County Civil Service Commission

Los Angeles County fired Merritt, a supervisor in the Department of Children and Family Services, for failing to adequately supervise a social worker, Clement, and approving Clement’s closure of a case of suspected child abuse without first consulting the Department’s records, as required by Department policy. Those records indicated the child (eight-year-old Gabriel) was at risk of further abuse and that the file should not have been closed. Less than two months later Gabriel’s mother and her boyfriend beat Gabriel to death. A Civil Service Commission hearing officer found Merritt negligent, but set aside the discharge and imposed a 10-day suspension. Without reading the record or receiving further evidence, the Commission adopted the findings, substituting a 30-day suspension. The Superior Court concluded the Commission set forth insufficient findings to support its decision and remanded. Merritt’s counsel acknowledged that the interlocutory order would not be subject to appellate review. Nevertheless, Merritt appealed. The court of appeal dismissed. While an otherwise nonfinal order remanding a matter to an administrative agency may be appealable if it affects substantial rights and may, as a practical matter, be unreviewable after resolution of the merits, the order from which Merritt purported to appeal left key issues for future resolution. The propriety of that order can be resolved in any future appeal from a final judgment. View "County of Los Angeles v. Los Angeles County Civil Service Commission" on Justia Law