Coburn

Petitioner and appellant, Martin T. Cobum, appeals from a judgment denying his petition for writ of mandate to compel respondent State Personnel Board (hereafter referred to as Board) to set aside its decision dismissing him from his employment with the Department of Health (hereafter referred to as Department) as a psychiatric technician. Appellant contends: (1) That the Department’s punitive action was taken without adequate notice and an opportunity to respond, contrary to administrative regulations and requirements of due process; (2) That evidence of a prior misdemeanor conviction was improperly admitted at the administrative hearing; and (3) That the Board denied him his right to counsel and abused its discretion in connection with his petition for rehearing.

Prior to his dismissal, appellant had been employed by the Department as a psychiatric technician at Agnews State Hospital for approximately 10 years. He had performed satisfactorily during those years and had been subject to no punitive action. The basis of the herein disciplinary action was the allegation that on December 10, 1975, a hospital worker had observed appellant in the act of masturbating a…