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This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. After the arbitration award was issued, the superior court determined that the Government Code section 3304, subdivision (d) statute of limitations barred termination on the ground of insubordination.
CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). Having made no determination on the statute of limitations issue, the arbitrator found that Wilson had been fired for reasonable cause.
On May 7, 2001, he requested an administrative review of the matter.
Wilson but the facts are too stubborn to conclude otherwise. App.4th 1388 for the proposition: In determining the scope of coverage under the [Public Safety Officers Procedural Bill of Rights] Act [Gov. App.3d 210, in which a Code of Civil Procedure section 1094.5 petition for a writ of mandate to review an administrative order was at issue. Furthermore, we are not concerned with an agencys exercise of discretion in imposing a penalty. In addition, the County says that the ruling at issue had the effect of vacating the arbitration award.
The arbitrator concluded that the evidence supported the charge.
The arbitrator next turned to the untruthfulness charge.
Yet Wilson led Major to believe that as far as he knew, the entire file had been destroyed. With respect to the media policy violation charge, the arbitrator noted that a reporter with the Orange County Register had contacted Wilson, claiming to have information to the effect that Wilsons personnel file showed he had botched the Di Carlo investigation.
The arbitrator concluded, [Wilsons] Closing Brief also argues that: It is appropriate to con the con when a peace officer does not know who to trust even if that distrust is aimed at superiors because of the oath taken. Wilson then obtained supervisor approval to show the reporter his personnel file.
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In addressing whether Wilson had been discharged for reasonable cause, the arbitrator observed that Wilson had been discharged for three reasonsinsubordination, untruthfulness, and violation of media policy.