Anderson

This is an appeal from a trial court judgment denying appellant’s petition for a writ of mandate following his dismissal as an officer with the California Highway Patrol (CHP) by the State Personnel Board (Board). Appellant contends that his dismissal for violations of Government Code section 19572, including failure of good behavior (Gov. Code, § 19572, subd. (t)), was improper because his off-duty behavior was not rationally related to his employment and because the penalty of dismissal was an abuse of the Board’s discretion.

Background

On March 25, 1983, appellant was dismissed from his job as a traffic officer with the CHP for appearing nude in sight of neighborhood women and children. The appellant appealed the CHP’s decision before the Board, but the Board upheld his dismissal. He then filed a petition for writ of mandate to challenge the Board’s decision. In case No. C 474962, the superior court granted that petition and ordered the Board to (a) set aside its decision to terminate appellant, (b) set aside one of its finding of fact for lack of substantial evidence and (c) reconsider “what degree of discipline, if any, should be imposed based upon the [remaining]…