Barber

In a context where the major underlying issue was one of credibility, Long Beach Police Officer Albert Barber was fired and his termination was sustained by the Long Beach Civil Service Commission. Barber’s petition for a writ of administrative mandate was then denied by the trial court based upon the erroneous view that, notwithstanding the trial court’s obligation to exercise its independent judgment, it could not consider the issue of credibility. We reverse.

Facts

On August 7, 1992, Tricia McCabe collided with a parked car. Paramedics took McCabe to the Long Beach Community Hospital, where Barber went to interview her. After talking to McCabe, Barber concluded that she was under the influence of alcohol (she had watery eyes, a strong odor of alcohol on her breath, fast and slurred speech). Barber advised McCabe of the options available to determine her blood-alcohol level, and McCabe chose a blood test—but when a laboratory technician arrived to take a blood sample, McCabe decided she was “afraid of needles” and asked for a urine test instead. At about this time, McCabe twice went to the restroom.

When Barber asked an emergency room nurse for help in obtaining a…