Campbell

Campbell v. State Personnel Board

Good Law
1997 Cal. App. LEXIS 671·57 Cal. App. 4th 281·66 Cal. Rptr. 2d 722·97 Daily Journal DAR 10968·97 Cal. Daily Op. Serv. 6804
Court of Appeal of CaliforniaJuly 28, 1997C023691California5,114 words

Opinion

Opinion

Puglia, J.

Plaintiff appeals from a judgment of the superior court denying his petition for writ of administrative mandamus. Plaintiff sought to overturn a decision of defendant State Personnel Board (Board) upholding the termination of his “career executive assignment” with the Office of the State Architect because of a letter he sent to the State Building Standards Commission critical of its actions. Plaintiff contends his reassignment violated constitutional free speech and due process protections. We shall affirm.

I

Plaintiff is a structural engineer who joined state civil service in 1974 in the Office of the State Architect (OSA). OSA, an arm of real party in interest Department of General Services (Department), is charged with responsibility for the erection of public buildings in the state. (Gov. Code, §§ 14950, 14951.) In 1987, plaintiff assumed the position of chief structural engineer, a position he held until the personnel action giving rise to this lawsuit. During plaintiff’s tenure, the chief structural engineer reported directly to the state architect and was responsible for the enforcement of state laws relating to safety of design and construction of public…

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