The Court of Appeal, Fourth Appellate District reversed Superior Court Judge Anthony Joseph in a published decision involving a former POA member. The issue before the Court of appeal was whether the San Diego Civil Service Commission was required to deliberate in public on disciplinary matters when an officer requests an open session. The Superior Court said "yes" and the Court of Appeal said "no".
This case was approved by the Legal Defense Committee as a matter of interest to the entire membership since the problem existed in all disciplinary matters before the San Diego Civil Service Commission.
Attorneys for the POA have always felt that when an officer is disciplined, they should have a right to clear their name in a public forum. While the current rules of the San Diego Civil Service Commission require the disciplinary hearing be held in a public forum, deliberations have been conducted in private. In high profile cases, some officers are concerned that "politics" or the persuasive influence of a strong member of the commission can impact deliberations. To neutralize this impact, some officers have requested public deliberations.
The POA has persuaded the Superior Court on three separate cases that our legal position was correct. The Court of Appeal has interpreted the "open meeting" requirement of the Brown Act does not include the deliberation phase.
In an interesting discussion by Justice Work, a substantial question of due process still remains unresolved. Justice Work questioned whether it is fair for a person being disciplined to be excluded from the process while the commissioner proposing findings participates in a closed session as an advocate for his/her recommendations to the full commission. Justice Work raises the issue of due process guaranteed by the Constitution's Fourteenth Amendment. In other words, should an officer appealing discipline be given an opportunity to address the full commission prior their adoption of the findings? Should the commission receive the benefit of the persuasive power of the employee balanced against a single commissioner advocating an opposite point of view?
We anticipate that this ruling will be challenged in future hearings before the Civil Service Commission.