Boctor

Boctor v. Los Angeles County Metropolitan Transit Authority

Good Law
1996 Cal. App. LEXIS 777·48 Cal. App. 4th 560·55 Cal. Rptr. 2d 861·96 Daily Journal DAR 9939·96 Cal. Daily Op. Serv. 6101
Court of Appeal of CaliforniaAugust 14, 1996B094456California5,104 words

Opinion

Opinion

Aldrich, J.

Plaintiff and appellant, Alfred F. Boctor, appeals from the judgment of the superior court denying his petition for writ of mandate to compel the chief executive officer (CEO) of the Los Angeles County Metropolitan Transit Authority (MTA) to vacate his decision demoting Boctor from his position as a manager of vehicle operations to bus operator. (Code Civ. Proc., § 1094.5.)

Boctor’s contentions the MTA’s CEO lacked the authority to reject the hearing officer’s findings and recommendations, and the CEO’s final opinion failed to meet jurisdictional procedural requirements, are without merit. Also without merit is his assertion the trial court committed prejudicial error by applying an improper standard when reviewing the MTA’s decision. Our review of the record indicates the trial court properly and independently judged the evidence and found the MTA’s findings to be supported by the weight of the evidence. Finally, we conclude the MTA’s CEO properly exercised his discretion when he imposed a penalty more serious than that recommended by the hearing officer. Accordingly, the judgment is affirmed.

Factual and Procedural Background

On September 6, 1991, Boctor was employed…

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