In Lybarger v. City of Los Angeles (1985) 40 Cal.3d 822, the police officer was discharged for insubordination for refusing to answer questions during an administrative interview as a result of a criminal investigation. The officer instituted mandate proceedings to set aside the administrative decision, but the trial court denied the petition. The Supreme Court reversed, holding that although the officer had neither a constitutional nor a statutory right to remain silent free of administrative sanction, the administrative agencies never admonished the officer that his statements could not be used against him in a subsequent criminal proceeding. (Lybarger, supra, 40 Cal.3d at pp. 827-828.) The court's reasoning was that if appellant had understood that statements made during the administrative interview could not be used against him in a criminal proceeding, he might have elected to cooperate rather than remain silent. Thus, he could have avoided termination as a sanction for insubordination. (Lybarger, supra, 40 Cal.3d at pp. 829-830.) In Lybarger, the appellant decided to remain silent without knowledge that his statements would be inadmissible in a subsequent criminal proceeding.