Lake

Donald Lake was employed as a fireman with the City of Bakersfield. On January 2, 1972, the city filed charges before the Civil Service Commission of the Fire Department charging Lake with (1) a violation of city charter section (202) 20 and of article 17, section 49 of the rules and regulations of the fire department, that is, engaging in other employment at the time Lake was employed as a fireman; (2) a violation of article 17, sections 7 and 74, that is, acting in a manner prejudicial to the good reputation of the fire department by stealing property belonging to others. On March 17, 1972, after a full hearing before the trial board of the civil service commission, at which Lake was represented by counsel, he was found guilty of both charges by the trial board, and the board ordered that he be discharged from service.

Lake sought a writ of administrative mandamus pursuant to Code of Civil Procedure section 1094.5 to review the order of the trial board and to compel his reinstatement. On March 19, 1973, the superior court filed a memorandum decision, following which it entered a “Judgment Granting Peremptory Writ of Mandamus” commanding the trial board to set aside a…