Richardson v. Board of Supervisors

In December1986, respondent, Lewis Richardson, was discharged from his employment as a deputy sheriff for Merced County on the grounds of insubordination, being absent without leave, and being discourteous to fellow employees. On Richardson’s appeal, the board of appeals, by a three-to-two vote, reduced the penalty to a two-month suspension. Both parties appealed and the board of supervisors reinstated the penalty of termination.

Richardson filed a petition for a writ of mandate in the superior court seeking reinstatement to his former position. The court issued a judgment ordering the issuance of a peremptory writ of mandate directing the reinstatement of Richardson and the imposition of a penalty which is fair, just and reasonable and less than termination. Costs and attorney’s fees were awarded to Richardson. The county appealed.

Facts

Prior to the incident in issue, Richardson had been a deputy sheriff for six and one-half years without any formal discipline and had received several commendations. On December 13, 1983, about 2:30 p.m., he was on patrol and stopped at a local market to buy cigarettes. On entering the market, Richardson heard someone shout a message…