Caveness

Introduction

Appellant Mildred Caveness appeals from a judgment denying a petition for a peremptory writ of mandate to compel respondent State Personnel Board of the State of California (Board) to order respondent State of California Department of Motor Vehicles (Department) to reinstate appellant to her position as a program technician I with the Department and to award her back salary from the effective date of her dismissal.

Statement of Facts

Appellant has been a permanent civil service employee of the Department continuously since December 1964. On February 2, 1975, appellant was officially reprimanded for inexcusable neglect of duty and inexcusable absence without leave. On September 14, 1977, appellant was served with a notice of dismissal charging that the alleged acts of misconduct described therein constituted grounds for dismissal under Government Code section 19572: subdivision (e), insubordination; subdivision (m), discourteous treatment of the public or other employees; and subdivision (q), violation of this part or board rule. On October 5, 1977, appellant was served with an amendment to the notice which changed the effective date of dismissal from…