Cal. Dept. of Corrections and Rehabilitation v. Cal. State Personnel Bd. CA5

FACTS AND PROCEDURAL HISTORY

CDCR fired appellant and real party in interest La Porta from his position as a correctional lieutenant after La Porta allegedly tested positive for methamphetamine. At the Board hearing requested by La Porta, CDCR told the administrative law judge it needed a continuance because its one witness, a doctor who would have testified about the test results, was unavailable. The judge telephoned the witness, who said he had only been asked to attend the hearing at 10:00 o’clock the night before and had been unable to obtain coverage for his patients that day. Finding good cause to be lacking, the judge denied the request for a continuance. As a result, CDCR was able to call only La Porta as

2. a witness during its case-in-chief. He denied using methamphetamine and CDCR rested. La Porta moved to dismiss on the ground that CDCR failed to prove the charge. The judge granted the motion. The Board approved the judge’s proposed decision to dismiss the charge and La Porta returned to work. After La Porta’s return, CDCR dismissed him again, this time on the ground that he had lied in his testimony at the hearing. A second hearing was held.1 The director of the…