Flowers

Flowers v. State Personnel Board

Good Law
174 Cal. App. 3d 753·1985 Cal. App. LEXIS 2780·220 Cal. Rptr. 139
Court of Appeal of CaliforniaOctober 29, 1985B009759California2,310 words

Opinion

Opinion

Compton, J.

The Department of Corrections (Department) dismissed appellant Steven V. Flowers from his civil service position as a correctional officer at the California Rehabilitation Center (CRC). Following an administrative hearing, the State Personnel Board (Board) concurred in the factual findings and disposition of the hearing officer. Appellant then filed a petition for writ of mandate (see Code Civ. Proc., § 1094.5) in the Los Angeles Superior Court to compel his reinstatement with backpay. He appeals from the judgment denying the writ. We affirm.

In its written notice of punitive action (Gov. Code, § 19574), the Department of Corrections charged appellant with insubordination, dishonesty, and misuse of state property. (Gov. Code, § 19752, subds. (e), (f), (p).)

The evidence adduced at the administrative hearing revealed the following:

Appellant had been employed as a correctional officer for the state since December 1981, and was originally assigned to San Quentin State Prison. During his tenure at that institution, appellant was an exemplary employee with no record of disciplinary problems. In March 1983, he applied for and received a transfer to CRC’s facility in Norco,…

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