Weisner

This appeal arises from the 2008 termination of appellant James Weisner’s employment with the County of Santa Cruz (the County). Several years of litigation followed the termination, with Weisner eventually reinstated to his County employment without backpay.

In this appeal, Weisner seeks reversal of a 2014 order denying his petition for administrative writ of mandamus. The writ petition asked the superior court to order the Santa Cruz County Civil Service Commission (the Commission) to award backpay and other benefits as part of the reinstatement of Weisner’s County employment. The superior court denied Weisner’s writ petition as moot, finding that the Commission lost jurisdiction to grant relief because Weisner resigned from his reinstated employment with the County. As set forth below, we conclude that the matter is not moot, and we reverse.

Factual and Procedural History

For over seven years, Weisner worked as a heavy equipment mechanic at the County’s Buena Vista landfill. At the same time, he owned and operated a construction hauling business. At three different times in 2008, Weisner used County employees and equipment to remove trucks full of construction…