Nicolini

On January 3, 1984, appellant Sergeant Gregory Nicolini filed a petition for writ of administrative mandate pursuant to section 1094.5 of the Code of Civil Procedure seeking a reversal of the decision of respondents Tuolumne County Sheriff’s Department (Department) and the Tuolumne County Board of Supervisors (Board) to terminate appellant for “dishonesty” and a “failure of good behavior that causes discredit to the County.” (Tuolumne County Ord. No. 2.56.269, subsections (f) and (o).)

The peremptory writ of mandate was denied and appellant appeals.

Facts

When appellant was 21 years of age, he commenced employment as a deputy sheriff of the Department. During his nine years with the Department, appellant was never disciplined nor recommended for discipline. His personnel file contains references to his outstanding job performance, favorable evaluations, regular merit increases and letters of appreciation. Appellant was promoted to the rank of sergeant in 1980 and is a certified paramedic.

Appellant was initially suspended on March 20, 1983, for a violation of Tuolumne County Ordinance No. 2.56.260, subsection (g)(2), to wit: “in possession, in use, under the influence…