Hosford

Plaintiff Horace G. Hosford cross-appeals from an order of the superior court denying his petition for writ of mandamus to overturn a State Personnel Board decision which upheld his dismissal from the California Highway Patrol. On appeal he contends the evidence does not support the board’s findings, dismissal was excessive punishment as a matter of law, and First Amendment free speech guarantees preclude his being penalized for certain of the instances of verbal misconduct alleged against him in the proceedings below.

Facts

On August 16, 1974, plaintiff, a nine-year member of the California Highway Patrol, was served with a statement of charges and notice of dismissal from that agency. The charged acts spanned a two-year period immediately preceding the service of the notice, and consisted of alleged violations of several subsections of Government Code section 19572. To the extent applicable to these proceedings, section 19572 provides: “Each of the following constitutes cause for discipline of an employee, or person whose name appears on any employment list: ...(c) Inefficiency, (d) Inexcusable neglect of duty, (e) Insubordination, (f) Dishonesty. . . . (j)…