Zuniga

This is an appeal from a judgment denying former Los Angeles County Deputy Sheriff Jesse Zuniga’s petition for writ of mandate. Zuniga seeks an order directing the Los Angeles County Civil Service Commission (Commission) to vacate its decision sustaining Zuniga’s 10-month suspension following his indictment on felony charges, and award him backpay. We find the Commission lacked jurisdiction to hear and decide the appeal because Zuniga resigned from the Los Angeles County Sheriff’s Department (Department) before the appeal process was concluded. We therefore affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

Zuniga was charged with grand theft and attempted receipt of stolen property while employed as a deputy sheriff in the Department. The charges arose from an alleged bank credit card and automated teller machine scheme involving county employees. Zuniga was suspended from his position without pay pursuant to Los Angeles County Civil Service Commission Rule 18.01(A) (hereafter Civil Service Rules or Rule), which allows the Department to suspend an employee who has been criminally charged or indicted for a period which “may exceed 30 calendar days and continue until,…