Constancio

Plaintiff Frank Constancio appeals from a judgment denying his petition for writ of mandate (Code Civ. Proc., § 1094.5). Plaintiff sought to compel defendant California State Personnel Board (hereafter Board) to set aside its decision upholding his dismissal from employment with respondent Department of the Youth Authority (hereafter Department).

Plaintiff contends: (1) the Board’s implied finding he willfully used phencyclidine (PCP) is not supported by substantial evidence; (2) the Board’s decision upholding his termination is not supported by its findings; (3) the Board improperly shifted to plaintiff the burden to prove his PCP use was involuntary; (4) the term “Failure of Good Behavior” as grounds for dismissal is unconstitutionally vague; (5) his witness was intimidated by the presence of Stockton police officers in and around the hearing room; and (6) the Board’s penalty of dismissal constitutes an abuse of discretion. We disagree with each of plaintiff’s contentions and shall affirm the judgment.

Factual and Procedural Background

Plaintiff was terminated from employment as a group supervisor at the Department’s DeWitt Nelson Training Center in Stockton,…