In a highly technical decision, yesterday the California Supreme Court established a “bright line” rule for appealing administrative mandate proceedings: the time runs from entry of judgment not entry of the order. In so doing, the Court affirmed that MAJ had correctly and timely elevated to the appellate court the controversy over discipline imposed on Sunnyvale Public Safety Officers’ Association President Dave Meinhardt. You can read the full decision in Meinhardt v. City of Sunnyvale here.

The issue, while procedural, was bigger than the facts of the case. Because of the highly disruptive precedent the appellate court decision would have created, Michael J. Shipley, of Kirkland & Ellis in Los Angeles, one of the largest law firms in the world, contacted MAJ to offer his support to overturn the ruling. Together, MAJ’s Gregg Adam and Michael sought to correct a rogue view taken by an errant appellate court that considerably shortened the appeal time frame in a writ proceeding contrary to the plain language of the statutory scheme for filing appeals enacted by the California Legislature. This victory not only secures for every public employee a clear path for defending against actions taken by their employers but protects all petitioners seeking mandate relief by clarifying their deadline to appeal.

The decision also resurrects the challenge over whether the City of Sunnyvale violated the union president’s first amendment rights by suspending him for the content of a letter he sent to union members and the public at large over policies imposed by the Department. In technical terms, the case was remanded back to the Court of Appeal for hearing on the merits. Please join us in congratulating Gregg and Michael, whose dedication and perseverance achieved this important result, which ensures all public employees stand on even footing when seeking appellate review. Meinhardt, whose first amendment rights as a union president deserve to be vindicated, will now have his day in court.

If you have any questions about this case, please contact Gregg Adam in our San Rafael office.