Baird v. City of Los Angeles

In Baird v. City of Los Angeles (1975) 54 Cal.App.3d 120, the officers contended that their nondisciplinary demotions involved removal of them from their positions as police officer III to police officer II and that the City improperly denied their right to a board of rights hearing for misconduct pursuant to section 202 of the City's charter. Section 202 provided for a board of rights hearing in the event that the officer shall be "'suspended, removed, deprived of his office or position, or otherwise separated from the service of the Police 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 the Board of Rights . . . . '" ( Baird, supra , 54 Cal.App.3d 120, 122.) The Court concluded that section 202 of the charter was inapplicable in that the charter section applied only to disciplinary proceedings for misconduct and to separations from service of the Department.