Vollstedt

Introduction

Appellant William Vollstedt, a permanent employee of respondent City of Stockton (hereafter, the City), was demoted from mechanical maintenance supervisor to mechanic. Following a two-day hearing, the City’s civil service commission (Commission) determined that the evidence was insufficient to support a finding that the demotion was proper. The Commission forwarded its advisory recommendation to the city manager (City Manager). Without reviewing the evidence presented at the hearing and without the benefit of a written statement of facts prepared by the Commission, the City Manager rejected the Commission’s recommendation and decided to uphold the decision to demote based on information supplied by the City’s personnel director. Appellant petitioned for a writ of mandate, contending he was denied a fair hearing and that there was not good cause for his demotion. In denying the petition, the Superior Court determined that appellant had been afforded a fair hearing and that there was good cause for his demotion. Appellant now raises the same issues on appeal.

We hold that the trial court erred in concluding that appellant had been given a fair hearing. Under…