Kirkpatrick

Kirkpatrick v. Civil Service Commission

Good Law
116 Cal. App. 3d 930·172 Cal. Rptr. 405·1981 Cal. App. LEXIS 1556
Court of Appeal of CaliforniaMarch 16, 1981Civ. No. 61155California1,518 words

Opinion

Lead Opinion

Ashby, J.

— Appellant Civil Service Commission of the County of Los Angeles appeals from an order of the superior court remanding to the commission the matter of respondent Kenneth E. Kirkpatrick, a county employee, for reconsideration of discipline to be imposed.

On November 19, 1974, the Los Angeles County Board of Supervisors discharged respondent from his position as chief probation officer. Respondent demanded a hearing before the civil service commission, which upheld his discharge, finding 14 ways in which respondent failed *932 to manage his department effectively. The superior court granted a writ of mandate compelling respondent’s reinstatement, based on certain procedural deficiencies. On appeal from that judgment, we held that the procedural deficiencies did not justify reinstatement and we directed the trial court to review the administrative record to determine whether the commission’s findings on the merits were supported by the evidence. (Kirkpatrick v. Civil Service Com. (1978) 77 Cal.App.3d 940 [ 144 Cal.Rptr. 51 ].) Thereafter the trial court determined that only two of the commission’s fourteen findings were supported by the evidence. 1 The court again ordered…

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