Is it error to consider statements made by a hearing officer during an investigatory meeting during the investigation?

California, United States of America


The following excerpt is from Lake v. City of Hercules, A131122 (Cal. App. 2012):

Lake also argues it was error to consider her statements during the investigatory meeting because the hearing officer ruled the statements "cannot be used against" Lake. Reviewing the hearing officer's findings on dishonesty, we find no indication he considered these statements in rendering his decision. Similarly, the trial court made no mention of these statements in its statement of decision. In any event, there was no error in the hearing officer's admission of these statements for the purposes of impeaching Lake, since she testified in contradiction to these statements at the hearing. (City of Los Angeles v. Superior Court (1997) 57 Cal.App.4th 1506, 1517-1518.)

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