A Non-Binding Arbitrator's Decision Recommended Reinstatement Of Police Officer. . . The Court of Appeal Allowed The City Manager To Reject It.
Former police officer Ramirez administratively appealed the decision of the City of Indio Police Department's decision to terminate his employment at the conclusion of the “Appeals Procedure” set forth in the Memorandum of Understanding (MOU) between the City and the Indio Police Officers’ Association. A non-binding arbitrator's decision recommended the reinstatement of Ramirez. However, the City Manager upheld the decision of the Chief of Police to terminate Ramirez. After unsuccessfully petitioning the superior court, Ramirez appealed. Sergio Ramirez v. City of Indio et al., D082997 (4/1 pub. 10/10/24) (Kelety, McConnell, Rubin).
The chief issue was whether the City Manager, who the parties agreed could make the ultimate decision, should have deferred to the arbitrator's determinations of credibility and evidence. The Court held that under the MOU, discretion rested with the City Manager, and the MOU provide for due process: notice and an opportunity to respond, right to an evidentiary hearing, final review by the City Manager, and an option for judicial review. Affirmed.
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