Henneberque v. City of Culver City

In Henneberque v. City of Culver City (1983) 147 Cal. App. 3d 250, the officer was promoted to the rank of police sergeant and given an increase in pay. After he was elected president of his union the department summarily demoted him to the position of police officer despite favorable job performance reviews. The department denied his request for an administrative appeal to challenge his involuntary demotion. The trial court also denied his petition for a preemptory writ of mandate, but the appellate court reversed. "In the case before this court, appellant was promoted to the rank of police sergeant with a corresponding increase in salary and benefits. He received no unfavorable evaluations while serving in this capacity. However, he was summarily demoted and received a reduction in salary and benefits. Thus, punitive action was undertaken by respondents without providing the required opportunity for appeal in violation of Government Code section 3304, subdivision (b)." (Henneberque v. City of Culver City, supra, 147 Cal. App. 3d 250, 254.) The court held that what it called a "demotion," with a concomitant reduction in pay, during a period of probation imposed as a condition of promotion (sometimes referred to as "promotional probation") is necessarily a punitive action. (Henneberque, at p. 254.)