Gonzales v. State Personnel Board

This is an appeal from a judgment of the superior court ordering a peremptory writ of mandate to issue compelling appellant to hear respondent’s appeal from his dismissal as a youth counselor with the Department of the Youth Authority.

On October 31, 1974, respondent was placed on administrative leave of absence from the Department of the Youth Authority. The leave provided for a 15-day suspension without pay pursuant to Government Code section 19574.5. On November 12, 1974, respondent was terminat *366 ed from his position, effective October 31, 1974, based upon Government Code section 19572, subdivisions (j) and (t). The dismissal was predicated upon respondent’s arrest on October 25, 1974, for drug related offenses.

On November 15, 1974, respondent was notified of his dismissal and informed that, pursuant to Government Code section 19575, he had the right to appeal his termination providing he did so within 20 days of notification. Respondent filed his appeal on December 11, 1974, some 26 days after receiving the aforementioned notice of termination.

Appellant refused to consider respondent’s appeal as a result of the lateness of its filing. On April 14, 1976, the…