Telish

Plaintiff and appellant William Telish (Telish) appeals a judgment denying his petition for writ of administrative mandate (Code Civ. Proc., § 1094.5) wherein he sought to set aside a decision by defendant and respondent State Personnel Board (SPB or Board) upholding his dismissal from his position with the Department of Justice (DOJ).

The essential issue presented is the admissibility of recorded telephone conversations between Telish and his former girlfriend, L.D., which evidence was received at the administrative hearing in this matter.

A participant may properly record a telephone conversation at the direction of a law enforcement officer, acting within the course of his or her authority, in the course of a criminal investigation. (Pen. Code, § 633.) Further, section 633 does not limit the use of duly recorded communications to criminal proceedings.

Although Telish contends the criminal investigation was a “sham,” the Board determined L.D. duly recorded the telephone conversations pursuant to the direction of DOJ in connection with a criminal investigation, and the Board’s finding is supported by substantial evidence. Therefore, the recorded telephone…