Parker

Plaintiff, a former employee of the California Youth Authority, appeals from a judgment denying his petition for a writ of administrative mandamus (Code Civ. Proc., § 1094.5) to compel his reinstatement as a group supervisor at the DeWitt Nelson Training Center in Stockton. Plaintiff’s termination followed discovery of approximately 450 grams of marijuana growing and in loose form at his residence and was based, inter alia, on Government Code section 19572, subdivision (t), which permits disciplinary action against a state employee who exhibits a failure of good behavior either during or outside of duty hours which is of such a nature that it causes discredit to his agency or his employment. Testimony of a police officer at the administrative hearing indicated plaintiff admitted the marijuana was his.

Plaintiff appealed the termination to the State Personnel Board (hereinafter board). After a hearing in which plaintiff offered no testimony on the discovery of the marijuana because criminal proceedings against him were still pending, the hearing officer found that plaintiff’s possession of this large a quantity of marijuana was illegal and constituted grounds for punitive…