Case Summaries
October 2007

Violation of POBR Statute of Limitations For Disciplinary
Action Must Be Raised Before or At Administrative Hearing

Moore v. City of Los Angeles, 156 Cal.App.4th 373 (Cal Ct. App. 2007)

Following a hearing before a Board of Rights for use of unnecessary force, making misleading statements to investigators, and department policy/procedure errors during an investigation, Tyrone Moore was removed from his position as a police officer for the City of Los Angeles. Moore filed a petition for administrative mandate, pursuant to Code of Civil Procedure section 1094.5, challenging the sufficiency of the evidence supporting his removal. The trial court rejected Moore's challenge to the sufficiency of the evidence, as well as an argument that the City violated Moore's right to have the investigation into his conduct completed within the one-year statute of limitations found in the Public Safety Officers Procedural Bill of Rights Act (POBR).

The trial court ruled it did not have jurisdiction to consider the statute of limitations defense because Moore did not exhaust his administrative remedies on that issue. The court ruled "the grant of jurisdiction under section 3309.5 is not exclusive jurisdiction; a peace office may bring an action under that statute before an administrative hearing to preclude discipline. Once an administrative hearing is held, the officer must raise the statute of limitations defense before the hearing board or it is waived under the holding in Alameida v. State Personnel Board (2004) 120 Cal.App.4th 46 , 53."

In his appeal Moore abandoned his challenge to the sufficiency of the evidence, but renewed his statute of limitations contention. The California Court of Appeal, Second District (Div. 5) concluded that Moore's failure to raise the statute of limitations before the Board of Rights, and his failure to seek injunction relief for the alleged violation under Government Code section 3309.5, precluded appellate review of the issue, and affirmed the judgment of the trial court.