In what circumstances will the California Municipal Commission review a notice of appeal containing derogatory statements?

In Hoffman v. City of Palm Springs, 169 Cal.App.2d 645, 337 P.2d 521, a claim against the city for damages was subscribed and sworn to by the claimant. It was held [211 Cal.App.2d 684] therein that the claim did not comply substantially with the provisions of section 53052 of the Government Code which provided that 'a verified written claim' should be filed. It was said therein, at pages 648-649, 337 P.2d at page 523 (in quoting from another case): 'A verification is an affidavit of the truth of the matters stated. * * * Its object is to insure good faith in the averments or statements of a party. * * * The term 'verified,' as applied to claims against municipalities, has a settled meaning, and refers to an affidavit attached to the claim, as to the truth of the matters therein set forth. * * * The chief test of the sufficiency of an affidavit is whether it is so clear and certain that an indictment for perjury may be sustained on it if false.'

In the present case the notice of appeal, containing six pages of typewriting and allegedly stating the facts upon which the appeal was based, included detailed statements of several alleged incidents of discriminatory treatment of employees by the chief of police. It also included a statement (specification '5') of asserted misconduct of the chief with respect to records. As above stated, the ordinance provides that the 'appeal' must be verified. In view of the derogatory nature of the statements in the notice of appeal, the commission might reasonably have concluded, in the exercise of its discretion, that the lack of verification of such statements presented a question as to good faith in making the statements; and indicated a design on the part of the employee to avoid full responsibility for his statements. Undoubtedly one of the requirements that the statements in the notice of appeal be verified is to hold the employee responsible for false statements. (See Germ v. City & County of San Francisco, 99 Cal.App.2d 404, 413, 222 P.2d 122.) Since the statements in the notice of appeal herein were not verified, the commission was not required, by reason of the notice of appeal, to proceed to review the discharge. Section 1094.5 of the Code of Civil Procedure provides, among other things, that in a mandamus proceeding regarding the validity

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