CDC.
Department of Corrections & Rehabilitation v. California State Personnel Board
Opinion
Opinion
Ardaiz, J.
INTRODUCTION
In a case of first impression, we are asked to determine whether Government Code section 19635 bars disciplinary actions against employees of the California Department of Corrections (CDC) based upon their dishonest denials of underlying charges where the underlying charges are barred by section 19635. We do not find that extensive lying during the course of investigative interviews that occurred within the applicable statute of limitations of the matter being investigated merges with the underlying offense. This is consistent with case law saying that dishonesty is a separate act. Thus, section 19635 does not bar the disciplinary actions in this case.
STATEMENT OF THE CASE
The facts are undisputed. Darrell Snell (Snell), Wayne Villarreal (W. Villarreal), Stephanie Rodriguez (Rodriguez), and Rene Villarreal (R. Villarreal), are employees of CDC. Snell and W. Villarreal are peace officer employees, and Rodriguez and R. Villarreal are civilian employees.
Pursuant to section 19574, subdivision (a), CDC served various written notices of adverse actions (Notices) imposing disciplinary sanctions upon Snell, W. Villarreal, Rodriguez and R. Villarreal for…