Taylor

Appellants John Taylor and Lance Thelen are California Highway Patrol officers. In February 1978 appellants were suspended without pay for 10 days. After a hearing the State Personnel Board affirmed the suspensions. Appellants filed a petition for a writ of administrative mandamus, challenging the propriety of their suspension. Respondent California State Personnel Board’s demurrer was sustained without leave to amend.

The sole issue on appeal is whether administrative mandamus is available to review a public employee’s suspension without pay for 10 days or less.

The facts are essentially not in dispute. During the months of September and October 1977 appellants worked a 7 p.m. to 3:30 a.m. shift as highway patrol officers. Their primary duty was to seek out drunk drivers. Any arrest made shortly before the end of their shift required them to work overtime.

California Highway Patrol rules with regard to overtime and meals provide in pertinent part that an employee who works two hours overtime can charge the state for an overtime meal, if it is unreasonable to return home for the meal and if the employee actually consumes the meal. Instead of eating at the end of their…