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Lopez v. Imperial County Sheriff's Office
Filed July 22, 2008, Fourth District, Div. One
Cite as 2008 SOS 4368


Termination by a Tie Vote, Valid

The Imperial County Sheriff Office terminated the services of Richard Lopez and Rosario Lopez (jointly referred to as Lopezes) as correctional agents.

The termination was made because of violations of county ordinances and department policies based on their "immoral or unprofessional conduct"; "deliberate or repeated absence from duty without authorization"; and "neglect of duty."

Imperial County Employment Appeals Board (the Board) affirmed such termination by a tie vote.

Consequently, the Lopezes filed a joint petition for writ of mandate by arguing that the Board's decisions should be vacated. According to them, the proper interpretation of the Board's tie votes was a reversal of their terminations. Therefore, they should be reinstated to their jobs.

The trial court, in granting the petition, ordered the Board to vacate its decision upholding the terminations. It required the Board to "conduct another vote . . . [which] shall be determined by a majority vote of those members present."

On appeal, the Lopezes contended that the trial court erred in remanding the matters to the Board.

The California Court of Appeal decided otherwise. It held that the Board’s affirmation of the termination by tie votes was equivalent to a failure to act. Hence, the trial court did not err in remanding the matter to the Board to conduct another vote.


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