The City Attorney is authorized by the state (understand that P242 comes from California Penal Code section 242) to prosecute misdemeanor charges. That is exactly what has happened in your case. It seems there was a complaint.
Full Answer
After CalPERS has obtained a hearing date and has drafted the Statement of Issues, and several weeks before the hearing date, you will be "served" with a copy of the Notice of Hearing, the Statement of Issues, and a copy of the law pertaining to discovery. Read these documents carefully.
Procedure. Administrative hearings are "public hearings," but are generally not attended by anyone except the actual parties involved. The judge will officially open the hearing, and the CalPERS attorney will present the original Statement of Issues to be marked as the first exhibit.
The CalPERS board must vote whether or not to adopt the Proposed Decision as its own decision. When you receive your copy of the Proposed Decision, you will be given the date that the board will meet in public and act on your case, and how you may submit further written argument if you wish. Oral argument is not permitted by any party at this meeting of the board. The board has the option to: (1) adopt the Proposed Decision; (2) remand the case back to the Office of Administrative Hearings for the taking of further evidence; or (3) reject the Proposed Decision. If the board rejects the Proposed Decision, there will be a full board hearing. At this hearing, board members will be provided with the court reporter's transcript of the administrative hearing and all the exhibits in the case. You will receive copies of these also. You may come and argue your case before the board, and/or submit written argument. The board will then make its own independent decision regarding your case.
If the board rejects the Proposed Decision, there will be a full board hearing. At this hearing, board members will be provided with the court reporter's transcript of the administrative hearing and all the exhibits in the case. You will receive copies of these also.
The Notice of Hearing contains the date, time and location of the hearing, and other important information. The Statement of Issues contains a brief discussion of the issues involved, and the law upon which the application and denial were made.
Direct evidence generally includes documents, objects, or testimony that is personally and directly known by the witness, without relying on information from other people or sources.
There will be at least two "parties" (persons or entities having a real interest in the outcome) to this action, the petitioner and the respondent (s). CalPERS will be referred to as the "petitioner" (the party who requested the hearing); all other parties are generally referred to as "respondents." All parties named as respondents in the case do not necessarily have the same interests, and may not be on the "same side." If you have any questions regarding a particular party's position, ask that party or the CalPERS attorney.