Fickeisen v. Civil Service Commission

California Court of Appeal Jul 13, 1950 No. Docket Nos. 14280 and 14292Published

Before: Nourse

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Holding. The court affirmed the denial of a writ of mandate, holding that the civil service commission's findings were supported by substantial evidence and that administrative disciplinary proceedings are not governed by criminal law standards.

Issues

Whether the civil service commission's findings were supported by substantial evidence.
Whether administrative disciplinary proceedings are subject to the rules and presumptions of criminal law.
Whether the commission acted arbitrarily by permitting special counsel to conduct the proceedings.

Disposition. affirmed

Quotations verified verbatim against the opinion

“These proceedings, like those designed for the forfeiture of a professional license, are not controlled by the theories developed in the field of criminal law.”

NOURSE, P. J.

Petitioner was a permanent employee in the classified Civil Service of San Mateo County assigned to the Department of Public Health. He was discharged pursuant to an accusation duly filed and heard by the county civil service commission charging him with misappropriation of county property. On September 16, 1947, he filed two separate actions in the superior court to review the proceedings before the commission and to effect his reinstatement—one in certiorari and one in mandate. On the certiorari action the court entered a judgment directing the commission to amend its findings. This was done, but no further judgment was entered, and in due time petitioner appealed to this court, the appeal numbered 14292. In a subsequent mandate proceeding, which was heard before another trial judge, the court, on January 3, 1949, entered judgment for respondents denying the writ. The appeal from that judgment is numbered 14280. Both appeals are presented on the same briefs pursuant to stipulation.

A separate clerk’s transcript was filed in case number 45112 and numbered herein as appeal number 14280. This shows that a petition for a writ of mandate was filed in the superior court February 13, 1948, which, it will be noted, is subsequent to the judgment in the certiorari matter which was entered January 6, 1948. This record shows that this second application for mandate was heard on June 11, 1948, “on the pleadings and proceedings herein” and judgment was entered January 3, 1949. (A reporter’s transcript was filed herein showing that on September 30, 1948, some oral testimony was taken.)

In the certiorari matter there was filed a return of the commission containing numerous exhibits received in evidence before the commission. We do not find any portion of the reporter’s transcript covering the oral evidence heard by the Commission, Since it was incumbent upon the petitioner

[421]

—both in mandate and certiorari—to prepare and file in the superior court a transcript of such testimony if he wished to contend that the evidence was insufficient, his failure to do so precludes an attack on the evidence on this appeal.

(McPheeters

Board of Medical Examiners,

Fickeisen v. Civil Service Commission

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NOURSE, P. J.

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THE COURT.

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