Estes

This is an appeal from a judgment in administrative mandamus which orders defendant Grover City to vacate its decision suspending plaintiff Hardy Estes from his position as a police officer for three days, placing him in the status as a probationary employee for six months, and reducing his pay grade by two steps, The city asserts that the trial court employed the improper standard of decision by applying that applicable to administrative mandate proceedings pursuant to Code of Civil Procedure section 1094.5 rather than that of traditional mandate pursuant to Code of Civil Procedure section 1085. The city contends, also, that the trial court erred in applying Government Code section 3307, effective after the administrative hearing but before trial, to bar evidence obtained by threat of a polygraph examination.

Aided by a complete, cogent, and scholarly opinion of Judge William R. Fredman who presided in the trial of the case at bench, we conclude that the trial court properly reviewed the matter at bench pursuant to Code of Civil Procedure section 1094.5 using the “independent judgment test.” We conclude also that because the independent judgment test is required, the…