Kolender
Kolender v. SAN DIEGO CNTY. CIV. SERV. COM'N
Opinion
Opinion
Fern M. Steiner, Tosdal, Smith, Steiner & Wax, San Diego, CA, for Real Party in Interest and Appellant.
HUFFMAN, Acting P.J.
Plaintiff and respondent, San Diego County Sheriff William Kolender (the Sheriff), demoted his employee, real party in interest and appellant Margaret Gant, from a supervisorial position in the detention processing unit to detention processing technician. Gant appealed to the San Diego County Civil Service Commission (the Commission), which reduced the penalty to a temporary demotion and reinstated her as a supervisor.
The Sheriff filed a petition for writ of administrative mandate, requesting the superior court to vacate the Commission's order, asserting the charges of incompetence were supported by substantial evidence and the Sheriff was required to take this action to protect the public service. (Code of Civ. Proc., [1] § 1094.5; Hankla v. Long Beach Civil Service Commission (1995). 34 Cal.App.4th 1216, 1222-1223 , 40 Cal.Rptr.2d 583 ( Hankla). ) The trial court granted the petition because it found the Commission had abused its discretion in reducing Gant's penalty in light of the admitted sentencing errors she had made, and also in light of prior…