Gillies v. Civil Service Board

Opinion

PARAS, J.

During an investigation of marijuana use by Sacramento city police officers in the spring of 1976, Officer Robert I. Gillies, Jr., admitted he smoked marijuana four or five times a month at social functions while off duty. When asked his intentions as to future use, Gillies said “I don’t intend to stop. I prefer it to drinking.”

1

Gillies was terminated from the police department as of July 1, 1976, for violating Sacramento Police Department rule 31.02

2

and for insubordination, wilfull disobedience of a lawful order, rule or direction, and conduct related to employment which impairs, disrupts or causes discredit to the employee’s employment or the public service. (Rules & Regs., Civ. Service Bd., rule 17.2.)

Gillies appealed the severity of the penalty to the Sacramento City Civil Service Board (Board), which after a hearing affirmed the disci

[419]

plinary action. The Board found good cause for termination in that Gillies’ conduct violated criminal statutes and police department rules, including rule 31.02. Gillies then petitioned the superior court for a writ of mandate and order of reinstatement. The court denied the writ and Gillies has appealed that ruling.

The basis of the superior court’s denial is expressed in a memorandum decision in which the court concluded that Gillies did not lose his employment merely because he confessed to past incidents of marijuana use, but because the insisted upon his right in the future to continue such use. The police chief was thus confronted with a law enforcement officer who would avowedly continue to commit a crime (a violation of Health & Saf. Code, § 11357). In such a situation the discharge was lawful. We agree with the trial judge that termination of a police officer

who habitually engages in criminal conduct and expresses an intention to pursue it in the future

is not an abuse of discretion. (See