Conger v. Co. of LA

The Los Angeles County Sheriff ’s Department (the Department) rescinded appellant Thomas L. Conger’s probationary promotion to lieutenant based on investigatory findings that Conger had failed to report a use of force several months before the Department promoted him to the probationary position.  After unsuccessfully pursuing administrative remedies, Conger filed a petition for a writ of mandate in the trial court claiming that rescinding his promotion based on alleged conduct occurring before he was elevated to his probationary position constituted a demotion or a “denial of promotion on grounds other than merit,” thus entitling him to an administrative appeal under Government Code section 3304, subdivision (b), a provision of the Public Safety Officers Procedural Bill of Rights Act (POBRA) (§ 3300 et seq.).  Conger requested that the trial court issue an order directing the County of Los Angeles (the County), as well as its Civil Service Commission, Board of Supervisors, and Chief Executive Officer (collectively, respondents) to provide him that administrative appeal. 

The trial court denied the petition, ruling that the Department properly could consider Conger’s pre-probationary conduct in rescinding his probationary promotion, and that the decision to rescind the promotion based on Conger’s failure to report a use of force was merit-based. 

We agree with the trial court that the Department’s decision to deny Conger a promotion was merit-based.  We further conclude that Conger has failed to show that the written evaluation detailing his unreported use of force will impact his career adversely in the future apart from the loss of his probationary position.  Accordingly, we affirm the judgment.

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