## Facts

- Bryan Pinto was a City of Visalia police officer terminated for alleged misconduct connected to reports of sexual misconduct involving a minor and his conduct during a related criminal investigation.
- The City charged Pinto with (1) failing to report a sexual relationship between a minor and an adult, (2) failing to report a sexual assault between an adult and a minor, (3) lying during a criminal investigation, and (4) encouraging another person to lie during the investigation.
- After an evidentiary hearing, an arbitrator sustained three charges (the two failure-to-report charges and Pinto’s admitted dishonesty) and found each sustained violation independently justified termination; the City ratified the termination decision.
- Pinto sought a writ of mandate in superior court, challenging the failure-to-report findings and arguing termination was excessive if based only on his admitted lie.
- The superior court set aside the two failure-to-report findings for insufficient evidence, found termination an abuse of discretion if based on dishonesty alone, ordered a remand for a lesser penalty, and awarded attorney’s fees and costs under Government Code § 800.
- The City appealed.

## Issues

1. Whether substantial evidence supported the administrative finding that Pinto failed to report a sexual assault between an adult and a minor.
2. Whether the superior court erred by concluding termination was an abuse of discretion where at least one serious misconduct finding (dishonesty in an investigation) was sustained.
3. Whether the superior court’s writ order and refusal to vacate it improperly substituted judicial judgment for the City’s disciplinary discretion.
4. Whether attorney’s fees under Government Code § 800 were proper where the City’s action was not arbitrary or capricious.

## Decision

- The Court of Appeal reversed the superior court’s material rulings and upheld the City’s termination decision.
- The court held substantial evidence supported at least one failure-to-report finding, including evidence that Pinto knew of reportable sexual assault conduct involving a minor and did not report it as required.
- The court held termination was not an abuse of discretion because dishonesty during a criminal investigation is a serious breach of a peace officer’s duties and may independently justify discharge.
- The court concluded the superior court improperly reweighed evidence and substituted its judgment on both factual findings and penalty selection.
- The court set aside the Government Code § 800 fee award because the City’s decision, supported by the record and within its discretion, was not arbitrary or capricious.

## Legal Principles

- In reviewing administrative discipline of a public employee, courts apply substantial-evidence review to factual findings and may not reweigh conflicting evidence or substitute their view of credibility and weight.
- Selection of employee discipline is entrusted to the employing agency; a court may overturn the penalty only if it is manifestly excessive or otherwise constitutes an abuse of discretion.
- A peace officer’s dishonesty in an official or criminal investigation is incompatible with the officer’s duties and can, by itself, support termination.
- Failure to report suspected sexual misconduct against a minor, when reporting is required by law or policy, is serious misconduct supporting severe discipline.
- Government Code § 800 fees require an administrative decision that is arbitrary or capricious; an action supported by substantial evidence and within discretionary bounds does not meet that standard.

## Conclusion

The appellate court reinstated the City’s termination decision, holding that the administrative findings were supported by substantial evidence and that termination, especially given the officer’s admitted dishonesty and failure to report reportable misconduct involving a minor, fell within the City’s disciplinary discretion; the fee award under Government Code § 800 was improper.


Pinto v. City of Visalia, 43 Cal. Rptr. 3d 613 (Cal. Ct. App. 2006)