Martin

The State Personnel Board (Board) appeals from the judgment (order) issuing a peremptory writ of mandamus setting aside the dismissal of Karen McGann Martin (Martin) from the position of correctional officer. The court determined Board’s finding that Martin’s abandonment of her post while fellow officers were conducting a dormitory search placed her fellow officers in danger was not supported by substantial evidence in the record. The court also determined the facts underlying the incidents for which Martin was disciplined do not show the degree of harm to public service, likelihood of recurrence or other aggravating circumstances necessary to support dismissal. The court concluded determining that the dismissal of Martin was an abuse of discretion by Board.

Martin’s dismissal under Government Code section 19572 stems from two distinct incidents, one of abandonment of her post and the other of failure to report to work.

A. Abandonment of Post

On September 27, 1978, Martin was employed as a correctional officer at the Sierra Conservation Center in Jamestown. About 7 p.m., Martin was assigned to the upper tier of section C to observe the center’s yard area while other…