Dobbins v. City of Los Angeles

Opinion

JEFFERSON, J.

The position of Lawrence E. Dobbins as a police officer with the Los Angeles Police Department (the Department) was terminated on grounds of physical unfitness. Dobbins attempted to compel his reinstatement and here appeals the trial court’s decision affirming the propriety of the administrative action.

Dobbins on September 24, 1964, after completing a one-year probationary period and one additional year of active police service, was injured in an off-duty automobile accident. He returned to duty on February 8, 1965, and thereafter satisfactorily performed the full time limited service to which he was assigned until the date of his suspension. On June 27, 1966, Dobbins was temporarily suspended from police service on the ground that he was physically unfit. He filed a claim for damages and the Department, pursuant to city charter section 202, convened a board of rights to consider the validity of Dobbins’ suspension. The board of rights, after hearing on July 19, 1966, issued its decision finding Dobbins physically unfit to perform the duties of a policeman and ordered that his position be terminated. The board of civil service commissioners refused to reverse that decision and Dobbins’ request to the chief of police for rehearing and reinstatement was denied.

The matter was heard by the trial court on Dobbins’ petition for writ of mandate. The court concluded that the Department’s policy of continuing on restricted duty a police officer qualified for a disability pension and terminating the employment of a disabled officer unqualified for such pension does not constitute an unconstitutional discrimination. The trial court further found that the city charter section 202, pursuant to which the board of rights acted, is not unconstitutionally vague and that the provisions thereof were not applied to Dobbins in an unconstitutional manner.

Dobbins contends that since he was employed by the Department for a total period of almost four years (including only two years of full time unlimited service) his right to continued employment is a substantial prop

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erty right of which he may not be arbitrarily deprived (city charter, § 202(1)). It is established, however, that physical disability constitutes sufficient cause for removal of a fireman or policeman.