Riveros v. City of Los Angeles

In Riveros v. City of Los Angeles (1996) 41 Cal. App. 4th 1342, the officer was charged with improper conduct and served a 22-day suspension prior to the expiration of his probationary period. The court held that the officer's days on suspension constituted absences which extended the period of his probation under rule 5.26. (41 Cal. App. 4th at p. 1352.) But Officer Riveros was suspended (and even took a job in another city during the period of his suspension). The personnel memorandum expressly agrees with the conclusion of the Riveros court that a suspension constitutes an absence within the meaning of rule 5.26. The court had no need to decide whether being placed on inactive duty also constituted an absence within the meaning of rule 5.26. Nothing in Riveros supersedes the personnel memorandum which addressed that question.