Velez

The Civil Service Commission (the Commission) appeals after the court issued a writ of administrative mandate (Code Civ. Proc., § 1094.5) compelling it to hear Rebecca Velez’s appeal following her termination as a protected employee of the air pollution control district. Velez filed her notice of appeal five days after the ten-day period prescribed in San Diego County Civil Service Rules, rule VII, section 7.4. The Commission contends (1) the court lacked subject matter jurisdiction to hear the petition because review of the timeliness determination is not within the scope of section 1094.5, and (2) the court cannot compel it to hear the appeal because the Commission has no jurisdiction to hear untimely appeals. We conclude the court had jurisdiction to review the Commission’s decision and correctly determined the time for notice of appeal may be extended upon a showing of good cause. Accordingly we affirm.

Factual and Procedural Background

On December 12, 1991, the San Diego Air Pollution Control Board notified Velez she would be terminated on December 16 for allegedly committing dozens of incompetent, inefficient and dishonest acts as a senior payroll clerk. The order…