A Riverside police officer who took disability retirement to
avoid termination was “honorably retired,” according to the California Court of
Appeal. In Bonome
v. City of Riverside, the court said the City must either grant the officer’s
request for his retirement identification badge with a CCW endorsement, or
provide a good cause hearing.
In June of 2012 an internal affairs investigation was opened
with Officer Bonome as the subject officer. On October 10, 2012 Officer Bonome suffered an
on-duty back injury. In May of 2013 the
internal affairs investigation sustained allegations for failure to investigate
and prepare a police report. The Chief
reviewed the report and declared his intention to terminate Officer Bonome.
The officer’s attorney was able to set out the Skelly hearing. This allowed Officer Bonome to complete his
application for industrial disability retirement. The termination proceedings were suspended
when the retirement became official.
Shortly after, the Assistant Chief sent notice to Officer
Bonome’s attorney saying the Department would not issue a CCW endorsement. Additionally, the Department would not offer
a good cause hearing. According to the
Chief, Officer Bonome was not “honorably retired.” The officer brought suit seeking to compel
the Chief to issue the retirement badge with a CCW endorsement, or provide a
good cause hearing.
The case centered on the correct definition of an honorably
retired peace officer. Penal Code
§16690 says an honorably retired peace officer is any officer who has
qualified for, and had accepted a service or disability retirement. However, this does not include officers who
agreed to a service retirement in lieu of termination. According to the City, the Legislature must
have meant to exclude all officers who retired to avoid termination. The Court was not persuaded.
Officer Bonome argued, and the Court agreed, he was an
honorably retired peace officer. The
statute only excludes peace officers who take a service retirement in lieu of termination. According to the Court, an officer cannot
choose to take a disability retirement to avoid termination. Either an officer is disabled, and unable to
perform his or her duties, or not.
Officer Bonome was evaluated after sustaining an on-duty injury to his
back, and the evaluation recommended a disability retirement. The Chief’s intent to terminate was
irrelevant.
The Court noted, the City does not have to grant the CCW
endorsement. Penal Code §25920
says CCW permits for honorably retired officers can be denied or revoked. However, to do this the City must show good
cause as to why.
