Valencia

Plaintiff Joaquin Valencia was terminated by his employer, a department of defendant County of Sonoma (County). Valencia appealed that decision to defendant County Civil Service Commission (Commission), which vacated his termination. The Commission, however, imposed alternative discipline that was not authorized by the memorandum of understanding (MOU) governing the terms and conditions of Valencia’s employment. Valencia filed a petition for writ of mandate in the trial court challenging this discipline, contending that because the Commission was bound by the MOU it could impose only discipline consistent with the MOU. The trial court agreed and granted the writ. We affirm.

I. BACKGROUND

Valencia is employed as an “Alcohol and Other Drug Services (AODS) Counselor II” by the County of Sonoma Department of Health Services (Department). On September 20, 2004, Valencia was given an order of termination by the director of health services as a result of alleged misconduct.

Valencia appealed his order of termination to the Commission. The Commission is an entity of the County, first created in 1939 “in order to establish an equitable and uniform procedure for dealing with…