O'Dell v. City of San Diego

Opinion

WIENER, Acting P. J. Janis O’Dell lost her job as a police officer when she failed to successfully complete the required 12-month probationary period.1 O’Dell claims she completed probation before the City of San Diego (City) and Police Chief William B. Kolender notified her that her period of probation had been extended and argues she was therefore entitled to a civil service hearing before termination. The trial court rejected O’Dell’s argument and denied her petition for writ of mandamus. We conclude the City was required to act on the police department’s request to extend probation before the probationary period expired unless it notified O’Dell the request was pending and demonstrated good cause for delay. We therefore reverse the order in order for the trial court to determine whether the City’s delay was justified.

Factual and Procedural Background

The City hired O’Dell as a Police Officer I on June 26, 1985, following her graduation from the police academy. During the ensuing 12 months of probationary status, O’Dell sustained a work-related injury to her right leg [884]and a nonindustrial back injury. O’Dell missed or worked in modified duty status for a total of 155 days as a result of this combination of injuries. She served the remainder of the probationary period in full-duty status.

On June 2, 1986, more than two weeks before the expiration of the twelve-month probationary period, the police department requested that O’Dell’s probationary period be extended to compensate for the period during which she had missed work or served in modified duty status. A copy of the request was not mailed to O’Dell. She alleges she was unaware the request had been made.

O’Dell received a satisfactory monthly evaluation while working in full-duty status in June 1986. She alleges she achieved permanent employment effective June 25, 1986. O’Dell admits, however, that she received a copy of the City’s July 3, 1986, decision to extend her probationary period to February 24, 1987.

The police department notified O’Dell on August 6, 1986, that she was “required to maintain a level of physical fitness high enough to pass [the PROD physical agility] test each month during [her] probationary period.” It was suggested that O’Dell continue the therapy sessions to increase leg strength, start an aerobic workout to include two 3-mile jogs at least three times a week, and practice wind sprints. The memo stated that O’Dell’s failure to successfully complete the next scheduled test would result in a recommendation for her termination. O’Dell alleges that the physical training proposed by the police department was in direct contradiction with restrictions placed on her by the physician treating her for the leg injury.