Earl

Baron R. Earl (Earl), a parole agent, was disciplined by his employer, California’s Department of Corrections and Rehabilitation (Department) for conducting a purportedly unlawful search of a residence, and after an administrative hearing the discipline was upheld by the State Personnel Board (Board). Earl appeals from the trial court’s denial of his administrative mandamus petition, seeking to overturn the Board’s decision. He first contends that his motion to dismiss should have been granted due to lack of timely notice. He next argues that no substantial evidence shows the search was unlawful, adding that because the law applicable to the search was unclear, his conduct — if errant — is unlikely to reoccur. Therefore, he argues, the level of discipline imposed by the Department and later upheld by the Board reflects an abuse of discretion.

Because we agree that notice was untimely, we need not reach Earl’s remaining contentions. We reverse with directions to issue a writ commanding the Board to grant Earl’s motion to dismiss.

BACKGROUND

Because of the narrowness of our holding, the facts surrounding the search and the subsequent discipline imposed are not…