Gray

Appellant, Jonathan S. Gray, appeals from a judgment denying his petition for writ of mandate to review the State Personnel Board’s (hereafter Board) decision dismissing him from his position as a state correctional officer. On the appeal, Gray argues that the evidence presented to the Board did not establish a nexus between his work and his admitted misconduct while off duty. In addition he challenges the penalty of dismissal as an abuse of the Board’s discretion.

While off duty from his job as a state correctional officer at Soledad, Gray drove to his former girlfriend’s home. As he drove up, he saw a stranger leaving her house. Becoming jealous, he pushed the stranger and threatened to shoot him if he retaliated. Although Gray had a gun in his vehicle, he did not have it with him but simulated a gun by putting his hand in his pocket. The stranger left and Gray retrieved his gun from his car and broke through the door of his girlfriend’s house to talk with her. About 30 minutes later, the police arrived and arrested Gray for the assault. He later pleaded guilty to battery and was placed on probation.

The Director of Corrections dismissed Gray from…