Cal.App.3d at pp. 1566–1568.) In the course of analyzing this question, the Holcomb court first determined the PSOPBRA applied to the situation before it, concluding that (1) the initial five-day suspension was a punitive action within the meaning of the PSOPBRA, and (2) since requesting a board of rights hearing was only process “the available to [the officer] at that juncture to challenge the that hearing discipline,” “was, within the context of this case, the required administrative (Holcomb, supra, appeal.” 210 Cal.App.3d at p. 1567.) The appellate court then concluded that the subsequent imposition of a longer suspension did not violate section 3304, subdivision (a), because there was no evidence the longer suspension was imposed in retaliation for the officer’s decision to pursue an administrative appeal of the five-day suspension; instead, the recommendation of a longer suspension was based on evidence developed at the board of rights hearing. (Id. at pp. 1567–1568; accord, (1999) 69 Jackson v. City of Los Angeles Cal.App.4th 769, 782–783 [once officer initiated administrative appeal before board of rights, and the board had been constituted and convened, he could not withdraw appeal to avoid imposition of more severe discipline than the sanction originally imposed].) We are not persuaded that brings the procedure at issue here into Holcomb City’s compliance with the administrative appeal requirement in section 3304, subdivision (b). As noted, the court concluded a hearing that the imposition of some Holcomb follows level of punishment but could result in a in the originally-imposed punishment change constituted an administrative appeal, and the increased punishment did not violate section on retaliation. Assuming that is correct, did 3304, subdivision (a)’s Holcomb prohibition not address whether the administrative appeal requirement of section 3304, is satisfied by a hearing that the or subdivision (b) precedes employer’s selection imposition of any specific disciplinary sanction. For the reasons discussed above, we conclude the procedure, in which the Commission hearing precedes any such City’s decision by the City as to which punishment to impose, does not satisfy the administrative appeal requirement, because there is no opportunity for the officer to convince the employer to reverse the decision.
Cal.App.3d at pp. 1566–1568.) In the course of analyzing this question, the Holcomb court first determined the PSOPBRA applied to the situation before it, concluding that (1) the initial five-day suspension was a punitive action within the meaning of the PSOPBRA, and (2) since requesting a board of rights hearing was “the only process available to [the officer] at that juncture to challenge the discipline,” that hearing “was, within the context of this case, the required administrative appeal.” (Holcomb, supra, 210 Cal.App.3d at p. 1567.) The appellate court then concluded that the subsequent imposition of a longer suspension did not violate section 3304, subdivision (a), because there was no evidence the longer suspension was imposed in retaliation for the officer’s decision to pursue an administrative appeal of the five-day suspension; instead, the recommendation of a longer suspension was based on evidence developed at the board of rights hearing. (Id. at pp. 1567–1568; accord, Jackson v. City of Los Angeles (1999) 69 Cal.App.4th 769, 782–783 [once officer initiated administrative appeal before board of rights, and the board had been constituted and convened, he could not withdraw appeal to avoid imposition of more severe discipline than the sanction originally imposed].) We are not persuaded that Holcomb brings the City’s procedure at issue here into compliance with the administrative appeal requirement in section 3304, subdivision (b). As noted, the Holcomb court concluded a hearing that follows the imposition of some level of punishment but could result in a change in the originally-imposed punishment constituted an administrative appeal, and the increased punishment did not violate section 3304, subdivision (a)’s prohibition on retaliation. Assuming that is correct, Holcomb did not address whether the administrative appeal requirement of section 3304, subdivision (b) is satisfied by a hearing that precedes the employer’s selection or imposition of any specific disciplinary sanction. For the reasons discussed above, we conclude the City’s procedure, in which the Commission hearing precedes any such decision by the City as to which punishment to impose, does not satisfy the administrative appeal requirement, because there is no opportunity for the officer to convince the employer to reverse the decision.