Oggel

Facts Appellant’s dispute with the Department stretches back to 2007. He had been employed as a game warden in the Camarillo office for about four years when the Department found that appellant committed several forms of misconduct while operating a personal side business.1 It terminated appellant’s employment in August 2007. Appellant appealed his termination to the SPB. In December 2010, the SPB dismissed the charge of dishonesty after

Appellant sold used medical equipment on eBay, using his state-issued computer and cell phone. In communications with a disgruntled customer, appellant denied being a game warden. The customer reported this conduct to the Department, prompting it to investigate appellant’s conduct.

2 concluding that appellant’s false statements had no connection with his employment. However, the SPB also found that the remaining charges for neglect of duty, misuse of state property, discourteous treatment of the public and other failure of good behavior had been established. The SPB found appellant’s serious misconduct merited discipline, but that the penalty of termination was too harsh. Instead, it concluded, “a 24-month suspension is adequate and…