Townsel
Townsel v. San Diego Metropolitan Transit Development Board
Opinion
Opinion
Howatt, J.
Plaintiff Rodric Townsel appeals the denial of his petition for a writ of mandate directing the San Diego Metropolitan Transit Development Board (MTDB) to vacate its decision to uphold the termination of his employment as a code enforcement officer. Townsel contends MTDB denied his constitutional right to due process by failing to provide him a posttermination evidentiary hearing. We agree and reverse.
Factual and Procedural Background
Townsel began working for MTDB as a code compliance inspector in 1989. It is undisputed that Townsel’s employment with MTDB could be terminated only for cause.
In 1993 Townsel was suspended for three weeks' and placed on probation for six months for violating a number of MTDB’s rules. Townsel filed a petition for a writ of mandamus in the United States District Court for the Southern District of California in which he alleged, among other things, that MTDB improperly denied him a postdisciplinary evidentiary hearing. The federal court ruled that Townsel was not entitled to a postdisciplinary hearing and denied the petition, stating; “Townsel is not entitled to the procedural requirements established for civil service employees, because…