Carroll

One question is presented on this appeal. It is: When a county employee is reinstated in his position with back pay after wrongful dismissal, can the employing county deduct from the back wages otherwise due the employee a sum equal to the wages the employee would have earned for the period of time while he was in jail for the commission of crimes?

A history of this dispute is set forth in this court’s opinion on a former appeal reported in Carroll v. Civil Service Commission (1970). 11 Cal. App.3d 727 [ 90 Cal.Rptr. 128 ]. In sum, this court affirmed one order of the Superior Court of Kern County directing the Civil Service Commission of Kern County to restore respondent to his employment with the county department of roads and bridges on the ground that the time for appeal therefrom had expired. (Carroll v. Civil Service Commission, supra, 11 Cal.App.3d at p. 733 .) The court reversed, however, insofar as a second and later order directed that respondent receive full back pay because it “was contrary to law in that it did not provide for offsets to which the county legally may be entitled. Such offsets include, for example, (A) amounts paid by the county to or for the…