Howitt v. County of Imperial

Opinion

WORK, Acting P. J.

John R. Howitt appeals the denial of a writ of mandate to compel the County of Imperial and Oren R. Fox, the Sheriff-Coroner of Imperial County, to provide him an administrative appeal from the decision denying him a merit step salary increase. Howitt contends he is entitled to this appeal under the Public Safety Officers Procedural Bill of Rights Act (Act). (Gov. Code,

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§ 3300 et seq.) We hold Howitt has not suffered a punitive action as required by the Act and, thus, is not entitled to an administrative appeal.

Factual and Procedural Background

After being denied an annual merit pay increase in his job because of an unfavorable review of his performance, Howitt filed an employee grievance seeking reevaluation and the salary boost. Although the grievance was not filed within the required time, Sheriff Fox reviewed the evaluation, recommended one minor change and denied the pay increase. Howitt was not allowed to participate in a formal appeal of the review.

Howitt then sought mandate in the superior court, asking for an appellate hearing into the denial of the pay increase.

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His petition was based on

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sections 3300 et seq., which require an administrative appeal for all public safety officers who have been subjected to punishment. The court denied the writ, and a later motion for new trial.

Discussion

Denial of a Merit Increase Is Not Punitive Action

Section 3304, subdivision (b) gives any “public safety officer” subjected to punitive action the right to an administrative appeal.

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The term “punitive action” is defined in section 3303: “For the purpose of this chapter, punitive action is defined as any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.”