Johnston

In this appeal by the Department of Personnel Administration (DPA) from the issuance of a peremptory writ of mandate directing DPA to set aside its decision denying petitioner Joyce Johnston (Johnston) a hearing and to proceed with a hearing on the merits of her appeal, DPA asserts the trial court erred in finding Johnston is entitled to an administrative hearing on whether her intra-agency job transfer was made for the purpose of disciplining or harassing her. DPA further asserts the trial court erred in finding Johnston had a property right sufficient to require a full evidentiary hearing. We conclude that Johnston has a statutory entitlement to an administrative hearing on whether her intra-agency transfer was made for the purpose of disciplining or harassing her. We therefore do not consider whether the transfer of a state employee is a deprivation of a property right which can only be accomplished consistent with the requirements of procedural due process. We shall affirm the judgment.

Facts

Johnston is employed as an attorney with the real party in interest, Department of Health Services (DHS) in the job classification of staff counsel III. Her petition alleged…