Alameida

Edward S. Alameida, Jr., as Director of the California Department of Corrections (CDC), appeals from a judgment denying a petition for writ of administrative mandate (Code Civ. Proc., § 1094.5).

CDC sought to dismiss an employee, real party in interest Nathan A. Lomeli, for immorality, discourteous treatment of the public, failure of good behavior, and dishonesty during interviews investigating these charges. (Gov. Code, § 19572.) The State Personnel Board (SPB) ordered CDC to reinstate Lomeli. The trial court rejected CDC’s attempt to reverse SPB’s decision. On appeal, CDC argues SPB did not have jurisdiction to consider Lomeli’s claim of violation of a statute of limitations contained in the Public Safety Officers Procedural Bill of Rights Act (§ 3300 et seq. (the Act)), because the trial court has exclusive initial jurisdiction over any such claim under section 3309.5. CDC alternatively argues that, although the statute of limitations may bar disciplinary action against Lomeli for the underlying incidents of immorality, discourteous treatment and failure of good behavior, CDC should be entitled to pursue timely action for Lomeli’s alleged dishonesty in denying the…