Sienkiewicz

James Sienkiewicz was dismissed as a detention officer by the Sheriff of Santa Cruz County in January 1985, and he seeks reinstatement with backpay. He appealed his dismissal, as well as an earlier instruction to stay away from work, to the County’s Civil Service Commission (Commission), which upheld the sheriff’s actions. This action commenced with his filing of a combined petition for writ of mandate and complaint for damages. We consider his appeal from the superior court’s denial of his petition and dismissal of his complaint. We will affirm the judgment.

A trial court must exercise its independent judgment when a permanent public employee seeks review of a civil service decision resulting in his termination, since it involves a fundamental right for purposes of Code of Civil Procedure section 1094.5. (Rigsby v. Civil Service Com. (1974) 39 Cal.App.3d 696, 700 [ 115 Cal.Rptr. 490 ]; Salyer v. County of Los Angeles (1974) 42 Cal.App.3d 866, 869 [ 116 Cal.Rptr. 27 ]; cf. Pipkin v. Board of Supervisors (1978) 82 Cal.App.3d 652, 661 [ 147 Cal.Rptr. 502 ].) When the trial court has exercised its independent judgment, on appeal we are concerned with whether substantial…