Smith v. Los Angeles County Office of Education CA2/1

Good Law
Court of Appeal of CaliforniaFebruary 23, 2015B252466California2,323 words

Opinion

Opinion

Chaney, J.

BACKGROUND

Smith began working for LACOE as a budget technician in March 2009. On October 7, 2011, LACOE served Smith with a Notice of Proposed Dismissal, stating LACOE intended to dismiss Smith from her employment as a system specialist in the budget section, effective October 21, 2011, due to Smith’s alleged violation of several Personnel Commission Rules. The Notice of Proposed Dismissal listed the following “causes for the proposed disciplinary action”: “(A) Insubordination or willful disobedience. (Personnel Commission Rule 4250.5.3) “(B) Violation of law, regulation, policy or established work procedure. (Personnel Commission Rule 4250.5.5) “(C) Engagement in political and/or personal activities during assigned hours of duty. (Personnel Commission Rule 4250.5.9) “(D) Work-related dishonesty, theft, willful misuse for personal gain, willful destruction or mishandling of office property and examination deception or fraud. (Personnel Commission Rule 4250.5.17) “(E) Discourteous, offensive, abusive or threatening conduct toward others. (Personnel Commission Rule 4250.5.23)

2 “(F) Any other work-related offense so grievous that a reasonable person would interpret it as an…

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