Gray v. State Personnel Board

[1231]

Opinion

RACANELLI, P. J.

Appellant, Jonathan S. Gray, appeals from a judgment denying his petition for writ of mandate to review the State Personnel Board’s (hereafter Board) decision dismissing him from his position as a state correctional officer. On the appeal, Gray argues that the evidence presented to the Board did not establish a nexus between his work and his admitted misconduct while off duty. In addition he challenges the penalty of dismissal as an abuse of the Board’s discretion.

While off duty from his job as a state correctional officer at Soledad, Gray drove to his former girlfriend’s home. As he drove up, he saw a stranger leaving her house. Becoming jealous, he pushed the stranger and threatened to shoot him if he retaliated. Although Gray had a gun in his vehicle, he did not have it with him but simulated a gun by putting his hand in his pocket. The stranger left and Gray retrieved his gun from his car and broke through the door of his girlfriend’s house to talk with her. About 30 minutes later, the police arrived and arrested Gray for the assault. He later pleaded guilty to battery and was placed on probation.

The Director of Corrections dismissed Gray from his job and the dismissal was upheld after a hearing before the Board with the provision that he not be disqualified from other state employment. The Board made the following determinations:

“Appellant is a correctional officer. One of the tools of the trade is a handgun. Appellant, while on duty, may be called on to use his weapon, as well as his other sidearms to quell a disturbance, prevent escape or to defend himself or others from harm. In exercising his discretion in these matters he is entrusted by the state with, what in some instances, are life and death decisions. His ability to exercise this discretion should be blemish free.

“Appellant’s use of a weapon so closely allied with his profession provides respondent with sufficient qualms as to his judgment re its use in the institution to sustain a finding that there is a sufficient nexus between the activity complained of and the job and that the act is of such a nature as to bring discredit to the job.