Kolender
Kolender v. San Diego County Civil Service Commission
Opinion
Opinion
O'Rourke, J.
The San Diego County Sheriff, William Kolender (the Sheriff), terminated Sheriff’s Deputy Timothy Earl Berry for lying to cover up a fellow deputy’s physical abuse of an inmate. Berry appealed to the San Diego County Civil Service Commission (the Commission), which reduced the penalty to a 90-day suspension. The Sheriff filed a petition for writ of mandate and requested the superior court vacate the Commission’s order. (Code Civ. Proc., § 1094.5.) The trial court denied the petition because it found the Commission did not abuse its discretion.
The Sheriff contends we should reverse the trial court’s decision because (1) the Commission abused its discretion in reducing Berry’s penalty and (2) the Commission’s enabling statutes must be harmonized with other authorities that grant the Sheriff the right and duty to manage his department. We agree the Commission abused its discretion and reverse.
FACTUAL AND PROCEDURAL SUMMARY
When Berry joined the Sheriff’s Office, he signed a “Recruit Honor Code” that stated, “I will not lie, cheat or steal. I will not tolerate those who do. I will treat everyone fairly and respectfully .... I tell the truth and ensure that the full truth…