Cilderman v. City of Los Angeles

Opinion

EPSTEIN, J. In this case, we hold that the Los Angeles Police Department (the Department) properly extended the probationary period for police officer Jan Cilderman in accordance with its rules. For that reason, when Mr. [1468]Cilderman was terminated before the conclusion of the extended probationary period, he was not entitled to the due process rights of a tenured officer. We reverse the trial court’s order issuing a writ of mandate.

Factual and Procedural Summary

Respondent Jan Cilderman was appointed to the position of Los Angeles Police Officer on April 17, 1995. On that date, he began serving the 18-month probationary period required by section 109 of the Los Angeles City Charter.

Section 109(c) of the Los Angeles City Charter provides: “At or before the expiration of the probationary period, the appointing authority of the department or office in which the candidate is employed may terminate him upon assigning in writing the reasons therefor to said board. Unless he is thus terminated during the probationary period his appointment shall be deemed complete.”

An officer who completes the probationary period becomes a tenured officer entitled to the procedural protections of Los Angeles City Charter section 202: “No tenured officer of the Department shall be suspended, demoted in rank, suspended and demoted in rank, removed, or otherwise separated from the service of the Department (other than by resignation), except for good and sufficient cause shown upon a finding of ‘guilty’ of the specific charge or charges assigned as cause or causes therefor after a full, fair, and impartial hearing before a Board of Rights . . . .”

On respondent’s first day at the police academy, he was given a one-page form called “Adjustment of Probationary Period Notification.” This notice incorporated the provisions of Los Angeles County Civil Service Commission Rules, rule 5.26: “In the event a probationary officer is absent from duty in excess "of seven calendar days in the aggregate, except for vacation time, time off for overtime, or regular days off . . . , that probationary officer’s probationary period shall be extended by the entire period or periods missed. Additionally, the probationary period shall also be extended by the number of days the probationary officer is on restricted duty because of an on or off-duty injury or illness, or pregnancy. . . . Restricted duty shall be computed the same as absences. (Civil Service Commission Rule 5.26)” Respondent signed the notice, acknowledging that “I have read the above and understand that any adjustment in my probationary period due to restricted duty or absences shall be automatic without specific notice to me and without an appeal process.”