Marshall

Michael Kelly, Alan Marshall, and William Miller, employees of the State of California (narcotic enforcement agents), sought a writ of mandate in the superior court compelling the State Personnel. Board to vacate its decision suspending them as employees for 22 days without pay.

Marshall and Miller appeal from the judgment denying their petition for the writ. The Personnel Board appeals from the judgment granting Kelly’s petition.

Appeal of Marshall and Miller

On or about October 2, 1969, Marshall and Miller had been assigned to execute search warrants at four places—two in Whittier, one in Compton, and one in Long Beach. Five or six other officers were included in that assignment, and all the officers were divided into two teams for the purpose of performing the assigned duties. Miller was on one team and Marshall was on the other.

A briefing of the officers with respect to those duties was to be held at the Lynwood police station on October 2, 1969, about 11 p.m.

On October 2, 1969, about 7:30 p.m., Miller arrived at a bowling alley (near that police station) where he ate dinner and drank two to four bottles of beer. About 10 p.m. of that day, Marshall arrived at…