Paoli

Derek Paoli and the Mendocino County Employees’ Association appeal from the denial of a petition for writ of mandate seeking to set aside the Mendocino County Civil Service Commission’s order terminating Paoli’s employment. They contend the commission exceeded its authority by ordering termination on an appeal from an administrative order of suspension.

Statement of the Case and Facts

On January 7, 1990, cross-appellant Derek Paoli was employed as a Corrections Deputy II in the Mendocino County Sheriff’s Office. At approximately 1:30 a.m., while on duty, Paoli assisted in a practical joke involving the discharge of a firecracker inside an office at the county jail. In so doing, Paoli left his post and allowed two doors to remain unsecured. In the ensuing investigation of the incident, Paoli initially made false statements about his participation which he subsequently corrected.

Paoli received written notice of the undersheriffs proposal to suspend him without pay for 30 days as a result of his participation in the firecracker incident and dishonesty during the investigation. He exercised his right to respond to the proposed disciplinary action (Skelly v. State…

I respectfully dissent. The majority incorrectly concludes that, when an administrative personnel matter is heard de novo before a county civil service commission, a new trier of fact hearing live testimony under oath, the commission’s broad statutory power to “modify” the penalty imposed upon the employee means only that it (1) may impose punishment more rigorous if the increased punishment is of the same “nature” previously imposed (maj. opn., ante, p. 1078), and (2) may make the punishment less rigorous regardless of the degree of reduction. In sum, the majority appears to conclude that the word “modify” means the commission has the power to increase the administrative punishment by a little but not too much, but may decrease the penalty by a little or a lot. None of this exegesis is in the statute the majority is attempting to modify.

The majority reaches this conclusion even though the prior administrative decision, simply based upon certain documents and materials rather than live testimony, lacked the benefit and consideration of all the evidence later presented to the commission, including the very damning testimony of the party demanding the hearing. So, under the…

H. Peter Klein, County Counsel, and Jeanine B. Bauman, Deputy County Counsel, for Real Party in Interest and Respondent.

Pano Stephens for Intervener and Appellant.

OPINION

KLINE, P.J.

Derek Paoli and the Mendocino County Employees' Association appeal from the denial of a petition for writ of mandate seeking to set aside the Mendocino County Civil Service Commission's order terminating Paoli's employment. They contend the commission exceeded its authority by ordering termination on an appeal from an administrative order of suspension.

On January 7, 1990, cross-appellant Derek Paoli was employed as a Corrections Deputy II in the Mendocino County Sheriff's Office. At approximately 1:30 a.m., while on duty, Paoli assisted in a practical joke involving the discharge of a firecracker inside an office at the county jail. In so doing, Paoli left his post and allowed two doors to remain unsecured. In the ensuing investigation of the incident, Paoli initially made false statements about his participation which he subsequently corrected.

Paoli received written notice of the undersheriff's proposal to suspend him without pay for 30 days as a result of his participation in the…