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Si
FILED
rior Court of California
inty of Los Angeles
SALGADO v. CITY OF BELL GARDENS
JAN 21 2021
Case Number: 19STCP04839
Hearing Date: January 20, 2021 Sherri R. Carter, Executive Oficer/Clork of Court
By: F. Becerra, Jr., Deputy
ORDER DENYING PETITION FOR WRIT OF ADMINISTRATIVE MANDATE
Petitioner, Katherine Salgado, seeks a court order setting aside the decision of Respondent, City
of Bell Gardens, terminating Petitioner’s position as a dispatcher with the City’s police
department (the Department). The City opposes the petition.
The petition is DENIED.
STATEMENT OF THE CASE
Petitioner began working for the City in the Department in 1991. In 2001, the City promoted
Petitioner to lead dispatcher, a supervisory position. Petitioner’s promotional position required
her to, among other things, manage dispatchers’ scheduling and training. She also provided
performance evaluations for the dispatchers. (AR 993-994.)
Following a complaint of harassment by another dispatcher, Marisol Galvan, and a subsequent
Internal Affairs investigation, the Department demoted Petitioner and placed her on paid
administrative leave on October 3, 2016. (AR 982, 1334-1335.) Petitioner returned to work after
the completion of her administrative leave on October 6, 2016. (AR 1000.)
On October 10, 2017, the City, through its Chief of Police Robert E. Barnes, issued a Notice of
Intended Disciplinary Action—Termination (Notice), advising Petitioner of its intent to discharge
her. (AR 2-15.) The Notice alleged Petitioner violated various sections of the Department’s
policy manual, including allegations of retaliation against Galvan following Petitioner’s return
from administrative leave. The Notice identified specific policy manual provisions Petitioner
allegedly violated—sections 320.5(a)(b, 320.5.8(e), 320.5.9(f)(m), 321.1-321.4, 423.6.1, 701.1,
701.2, 701.5, 701.6, 1020.2, 1020.2.1, 1004.2, and 1004.3. (AR 2-5.)
Petitioner thereafter waived her pre-disciplinary process Skelly hearing. (AR 17.) On or about
November 30, 2017, Chief Barnes issued a Notice of Termination based on the same
allegations. (AR 17-29) Petitioner appealed the discipline to the City Manager. (AR 29.)
A hearing officer conducted a seven-day hearing for Petitioner’s appeal. (AR 967 [May 30,
2018], 1251 [May 31, 2018], 1485 [June 1, 2018], 1693 [June 6, 2018], 1857 [June 22, 2018],
2146 [June 25, 2018], 2305 [July 30, 2018].)
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Si FILED rior Court of California inty of Los Angeles SALGADO v. CITY OF BELL GARDENS JAN 21 2021 Case Number: 19STCP04839 Hearing Date: January 20, 2021 Sherri R. Carter, Executive Oficer/Clork of Court By: F. Becerra, Jr., Deputy ORDER DENYING PETITION FOR WRIT OF ADMINISTRATIVE MANDATE Petitioner, Katherine Salgado, seeks a court order setting aside the decision of Respondent, City of Bell Gardens, terminating Petitioner’s position as a dispatcher with the City’s police department (the Department). The City opposes the petition. The petition is DENIED. STATEMENT OF THE CASE Petitioner began working for the City in the Department in 1991. In 2001, the City promoted Petitioner to lead dispatcher, a supervisory position. Petitioner’s promotional position required her to, among other things, manage dispatchers’ scheduling and training. She also provided performance evaluations for the dispatchers. (AR 993-994.) Following a complaint of harassment by another dispatcher, Marisol Galvan, and a subsequent Internal Affairs investigation, the Department demoted Petitioner and placed her on paid administrative leave on October 3, 2016. (AR 982, 1334-1335.) Petitioner returned to work after the completion of her administrative leave on October 6, 2016. (AR 1000.) On October 10, 2017, the City, through its Chief of Police Robert E. Barnes, issued a Notice of Intended Disciplinary Action—Termination (Notice), advising Petitioner of its intent to discharge her. (AR 2-15.) The Notice alleged Petitioner violated various sections of the Department’s policy manual, including allegations of retaliation against Galvan following Petitioner’s return from administrative leave. The Notice identified specific policy manual provisions Petitioner allegedly violated—sections 320.5(a)(b, 320.5.8(e), 320.5.9(f)(m), 321.1-321.4, 423.6.1, 701.1, 701.2, 701.5, 701.6, 1020.2, 1020.2.1, 1004.2, and 1004.3. (AR 2-5.) Petitioner thereafter waived her pre-disciplinary process Skelly hearing. (AR 17.) On or about November 30, 2017, Chief Barnes issued a Notice of Termination based on the same allegations. (AR 17-29) Petitioner appealed the discipline to the City Manager. (AR 29.) A hearing officer conducted a seven-day hearing for Petitioner’s appeal. (AR 967 [May 30, 2018], 1251 [May 31, 2018], 1485 [June 1, 2018], 1693 [June 6, 2018], 1857 [June 22, 2018], 2146 [June 25, 2018], 2305 [July 30, 2018].) Page 1 of 14