Thaxton

I.

INTRODUCTION

Plaintiff and respondent Kevyn Thaxton was employed as a corrections officer by appellant, the Department of Corrections and Rehabilitation (CDCR). After being dismissed from his position, Thaxton filed an appeal with the State Personnel Board (the SPB or Board), along with three other colleagues who were also dismissed in relation to the same incident that led to Thaxton’s dismissal.

The SPB consolidated all four employees’ appeals and scheduled a joint evidentiary hearing. Thaxton did not appear on the first day of the evidentiary hearing, and also failed to appear on the second day, although his attorney was present to represent him on both days. On the second day of the hearing, CDCR proffered the testimony of a process server to the effect that Thaxton had informed the process server that Thaxton was purposely avoiding service of CDCR’s subpoena. Thaxton’s attorney indicated that he would not accept service of the subpoena on Thaxton’s behalf. After Thaxton’s attorney refused to accept service of the subpoena, the administrative law judge (ALJ) overseeing the hearing ordered that Thaxton appear that afternoon. When the hearing resumed, Thaxton’s…