County of Santa Cruz v. Civil Service Commission of Santa Cruz

The Santa Cruz County Sheriff, Steve Robbins (the Sheriff), demoted Sergeant George B. Jack for his conduct during an internal investigation of a female subordinate’s gender harassment claim against him. Jack appealed to the Civil Service Commission of Santa Cruz (the Commission), which reinstated Jack’s sergeant rank, and reduced the penalty to a 30-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, finding the Commission did not abuse its discretion.

On appeal, the Sheriff asserts we should reverse the trial court’s decision, because the Commission abused its discretion in reducing Jack’s penalty and reinstating his sergeant rank.

Statement of the Facts and Case

In 2005, Santa Cruz County Correctional Officer Diana Holland complained to Chief Deputy Don Bradley about how her supervisor, Sergeant George B. Jack, was treating her. Holland told Chief Bradley that Jack publically and privately belittled and intimidated her, and treated her more harshly than male officers in his command. Holland said that although she requested…