Ramirez

Introduction

Appellant, a youth counselor with the Department of Youth Authority, was terminated on December 10, 1985. A State Personnel Board hearing officer sustained allegations pursuant to Government Code section 19572, subdivisions (/ ) and (t), and recommended that appellant be dismissed from his employment. The State Personnel Board adopted those findings and recommendation.

Appellant filed a petition for writ of mandate in the superior court. His petition was denied and he appeals.

Facts and Procedural History

On September 10, 1985, appellant was arrested after two police officers saw him commit an act of masturbation in a public restroom at Lincoln Park in Los Angeles. The masturbation was performed while appellant was seated on a toilet in a stall with no door. Criminal charges were not pursued.

Appellant had been employed at the California Youth Authority since April 1, 1977. On the date of his arrest, he was a Youth Counselor, a position carrying peace officer status. (Pen. Code, § 830.5, subd. (b); Welf. and Inst. Code, § 1076.)

A “Notice of Adverse Action” was served on appellant on December 2, 1985. That notice terminated his employment and stated…