Sandoval

These consolidated appeals present the novel issue whether petitioners are entitled to the protection of Penal Code [1] section 1000.5 when appealing their terminations as correctional officers. We conclude they are not and affirm the judgments.

Darroll Williams and Joseph Sandoval (petitioners) were correctional officers at the Tehachapi Correctional Institution. They were arrested in separate incidents after small amounts of drugs and drug paraphernalia were found in their homes. Pursuant to section 1000, both completed pretrial diversion programs, and the criminal charges were dismissed under section 1000.3. [2] While the criminal charges were pending and before either man entered diversion, they were charged with a violation of Government Code section 19572, subdivision (t), failure of good behavior outside of duty hours which causes discredit to the appointing authority or the person's employment, and were dismissed from their positions. The charges were based on the same facts which formed the basis of the criminal charges.

Williams and Sandoval appealed their dismissals and, at the administrative hearing, moved to suppress evidence relating to their…