Zazueta

Petitioner Gregory Zazueta appeals from a judgment of dismissal after the trial court sustained a demurrer without leave to amend to his petition for writ of mandate. His petition sought to overturn an arbitration award which upheld the termination of his employment as a public safety officer with respondent County of San Benito Sheriff’s Department. On appeal, petitioner contends the arbitrator’s decision is reviewable pursuant to both Code of Civil Procedure section 1094.5 and Government Code section 3309.5. For the reasons stated below, we affirm the judgment.

Statement of Facts

Petitioner was a public safety officer employed by respondent. On September 30, 1992, respondent terminated petitioner’s employment for engaging in sexual harassment and other violations of respondent’s personnel rules. The termination notice advised petitioner of the availability of either an appeal to the board of supervisors or arbitration as set forth in the memorandum of understanding (MOU) between the County of San Benito (County) and the Deputy Sheriff’s Association.

Petitioner elected to submit the matter of his termination to arbitration and specified that he was invoking the…