Salyer

Administrative mandate. Petitioner Mike L. Salyer appeals from a judgment in favor of respondents Los Angeles County, the county’s Civil Service Commission, and the sheriff’s department.

Petitioner, a Los Angeles County deputy sheriff since 1964, was suspended and discharged for misconduct in October 1971. At the time, he was a vice bureau officer. He appealed his suspension and discharge to the Los Angeles Civil Service Commission, which, after a hearing, sustained the department’s decision. He then sought a writ of mandate from the trial court, which, applying the “substantial evidence” test, upheld the commission and denied the writ.

After the judgment, Strumsky v. San Diego Emloyees Retirement Assn., 11 Cal.3d 28 [ 112 Cal.Rptr. 805 , 520 P.2d 29 ], was decided, holding that the superior court must exercise its independent judgment in reviewing any administrative agency order that affects a “fundamental vested right.” ( 11 Cal.3d at p. 44 .) This case involves petitioner’s continued employment as a deputy sheriff, a fundamental vested right within the meaning of Strumsky , and the judgment must be reversed for the sole purpose of applying the Strumsky standard of…