In what circumstances can a police officer appeal a decision of the city's personnel board finding that an off-duty speeding violation was conduct unbecoming an officer?

California, United States of America


The following excerpt is from Dickey v. Retirement Bd. of City and County of San Francisco, 123 Cal.Rptr. 453, 50 Cal.App.3d 680 (Cal. App. 1975):

In Perea v. Fales (1974) 39 Cal.App.3d 939, 114 Cal.Rptr. 808, a police officer, who was suspended from duty without pay for five days on the bound that an off-duty speeding violation was 'conduct unbecoming an officer' and cause for discipline, was denied a petition for writ of mandate to set aside the decision of the city personnel board. On appeal, the police officer contended that the court erred in reviewing the personnel board's findings according to the substantial evidence test; he argued that the trial court should have applied independent judgment to the local [538 P.2d 454]

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