Turturici v. City of Redwood City

Opinion

RACANELLI, P. J.

The question in this appeal is whether a supervisor’s negative comments in an employee’s performance evaluation constitute “punitive action” so as to trigger the employee’s rights to an administrative appeal. We conclude they do not, and we affirm the judgment.

Facts

Plaintiff Michael Turturici is a sergeant on the Redwood City police force. In January 1984, plaintiff’s supervisor, Lieutenant Granucci, prepared a “performance appraisal” which contained some critical comments on plaintiff’s job performance.

At the conclusion of the performance appraisal in the “Recommendations” section, Lieutenant Granucci wrote: “He must bring his performance up to a satisfactory level during the next evaluation period.

If he fails to perform satisfactorly

[szc],

I recommend disciplinary action be taken

which could result in a reduction in pay or termination of service.” (Italics added.)

Plaintiff received a copy of the appraisal and indicated he would respond. But he did not do so. Instead his attorneys asked for an administrative appeal. The chief of police denied the request.

Thereafter, plaintiff filed the present lawsuit for mandamus and declaratory relief seeking a declaration that his adverse performance appraisal enti

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tied him to an administrative appeal and further seeking to compel the city and the chief of police to provide plaintiff with an administrative appeal of his performance appraisal.

The trial court concluded that a negative personnel evaluation is not punitive action, and thus the city was not required to provide plaintiff an appeal. Accordingly, the court denied the petition for a writ of mandate. Plaintiff now appeals.

Discussion

Plaintiff’s claim to an administrative appeal of his performance appraisal rests primarily on the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq.). That act entitles public safety officers to an administrative appeal whenever “punitive action” is undertaken.