Furtado

Furtado v. State Personnel Board

Good Law
151 Cal. Rptr. 3d 292·2013 Cal. App. LEXIS 8·212 Cal. App. 4th 729·2013 WL 64657·34 I.E.R. Cas. (BNA) 1585
Court of Appeal of CaliforniaJanuary 7, 2013No. D059912California10,645 words

Opinion

Lead Opinion

Aaron, J.

*733 Opinion

I.

INTRODUCTION

Brace Furtado appeals from a judgment denying his petition for a writ of mandate directing California’s State Personnel Board (SPB) to set aside its order sustaining the decision of California’s Department of Corrections and Rehabilitation (the Department) to medically demote Furtado to a non-peace-officer position, and not to place Furtado in a newly created administrative correctional lieutenant peace officer position. The trial court concluded that the law and evidence supported the SPB’s decision that the Department had reasonably determined that Furtado was unable to perform the essential functions of his correctional lieutenant position even with reasonable accommodation. The court further concluded that the Department acted reasonably in demoting Furtado to an available non-peace-officer position for which he was qualified and could perform the essential duties.

We affirm the trial court’s judgment.

H.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual background

1. Furtado’s background with the Department and his injury

Furtado began working for the Department as a correctional officer in 1981. The Department promoted him to correctional…

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