Szmaciarz

Plaintiff and appellant Steven J. Szmaciarz appeals from ajudgment denying his petition for writ of mandate to compel the State Personnel Board to vacate its decision suspending him for a five-month period without pay. Appellant contends on appeal: (1) that the burden of proof was improperly placed on him at the administrative hearing; (2) that the Board’s decision was improperly based on uncorroborated hearsay; (3) that the Department of Corrections improperly detained and questioned him; (4) that he should have been allowed to assert his privilege against self-incrimination at the administrative hearing; (5) that his conduct was not job related; (6) that he was improperly charged; (7) that the penalty imposed constituted an abuse of discretion; and (8) that no penalty could be imposed until the Board’s decision had been filed.

Prior to March 31, 1975, appellant was employed by the California Department of Corrections (hereinafter Department) at San Quentin Prison as a correctional officer, a position he had held for three and one-half years.

In January of 1975 the Department was conducting an investigation that was aimed at the elimination of employee involvement in…