Zink

Until 1974, there were two standards for review by trial courts of decisions of administrative bodies (Code Civ. Proc., § 1094.5). If the agency was one of legislative origin having statewide jurisdiction, the courts were to exercise independent judgment and determine whether the administrative findings were supported by the weight of the evidence. In contrast, in reviewing decisions of local agencies and state agencies of local jurisdiction, the courts were to determine only whether the administrative decision was supported by substantial evidence (see Strumsky v. San Diego County Employees Retirement Assn., 11 Cal.3d 28, 31-32 [ 112 Cal.Rptr. 805 , 520 P.2d 29 ]). Strumsky modified that rule, extending the requirement of independent weighing of the evidence to all administrative agencies if the decision substantially affects a fundamental vested right. But the independent judgment rule never supplanted the limitation that review of the penalty administratively imposed in an employee disciplinary proceeding can be disturbed only for a manifest abuse of discretion, and Strumsky has not altered that limitation.

Thomas H. Zink, petitioner below and respondent here, was a…