Barber

Facts Appellant began working for the Department in 1998 and was later promoted to the position of parole agent at the facility. In 2019, the Department served appellant with a NOAA dismissing him from his employment based on seven instances of misconduct. The DUI. The NOAA alleged that appellant drove a car with a blood alcohol content above the legal limit. It further alleged appellant provided intentionally misleading information to the arresting officer about the number of drinks he had and why he was using breath mints. At the evidentiary hearing, the arresting officer described appellant has having been “honest and cooperative throughout the stop.” The SPB found that appellant’s conduct in driving under the influence was an “inexcusable neglect of duty” and a “failure of good behavior” because, as a peace officer, he had a duty to

2 abide by the law and to serve as a role model for the youth he encountered at work. (Gov. Code, § 19572, subds. (d), (t).) The Department failed, however, to prove appellant was dishonest during his arrest. Appellant pled nolo contendere to the DUI charge and was placed on probation. About two years after the SPB’s order, appellant successfully…