Kolender
Kolender v. San Diego County Civil Service Commission
Opinion
lead Opinion
Rourke, J.
San Diego County Sheriff, William B. Kolender (the Sheriff), filed a petition for writ of mandate in the superior court and requested it vacate the San Diego County Civil Service Commission’s (the Commission) order modifying Sergeant Edward Salenko’s penalty from termination to a 90-day suspension, reinstatement and demotion to the rank of deputy sheriff. (Code Civ. Proc., § 1094.5.) The trial court denied the petition because it found substantial evidence supported the Commission’s conclu *1153 sions. The Sheriff contends we should reverse the trial court’s decision because (1) there was insufficient evidence to support it and (2) the Commission should have given substantial deference to his department’s factual findings.
FACTUAL AND PROCEDURAL SUMMARY
The Sheriff’s Department assigned Salenko to investigate Deputy Chris Pángalos for possible abuse of sick leave. On September 14, 2002, Pángalos requested time off from work later in the evening because he wanted to socialize with visiting family. Pángalos told Sergeant Leroy Draheim he would call in sick if he did not get the time off. Draheim informed Pángalos he would receive permission if a deputy were found to cover…