Lowe

Dismissed from his classified position as a Sacramento County deputy sheriff, Jerry Kee Shun Lee, Jr. (Lee) appealed to the county civil service commission (Commission). Following an administrative hearing, the Commission adopted findings proposed by the administrative law judge to the effect that Lee had been wilfully disobedient, incompetent, and a discredit to his employment in violation of subparagraphs (m), (b), and (p) of section 11.4 of the county civil service rules. The Commission concluded, however, that the dismissal action taken by the sheriff was excessive under the circumstances and reduced the penalty to a suspension without pay from August 14, 1980 through March 12, 1981. (Sacramento County Civ. Serv. rule 11.12, subpara, (c)(2).)

The sheriff petitioned the superior court for a writ of administrative mandamus to review the Commission’s decision. (Code Civ. Proc., § 1094.5.) Exercising its independent judgment on the evidence, the superior court found that the Commission abused its discretion in reinstating Lee rather than affirming the sheriff’s discharge. In the judgment which followed, the court issued a peremptory writ of mandate commanding the…