Tabory v. State Personnel Board

SALSMAN, J.

The appellant appeals from the denial of his petition for a writ of mandate, by which he sought to compel the State Personnel Board (hereinafter referred to as the Board) to reinstate him in his position as a psychologist with the Department of Correction (hereinafter referred to as the Department).

[544]

The charges against the appellant were based on Government Code section 19572, subdivisions (e) and (o). That section provides in part: “Each of the following constitutes cause for discipline of an employee, or person whose name appears on any employment list: . . . (e) Insubordination . . . (o) Wilful disobedience.” The claim was that appellant had made contact with an ex-prisoner, in violation of a rule of the Department. The rule provided in part: “No employee shall in any way deliberately contact or correspond with an ex-prisoner . . . unless Ms assigned duties require it or he has permission of his division or institution head. ...”

Appellant was employed as a psychologist to help formulate a plan for a program of intensive ease work treatment of prison inmates. The program was to have two parts; the first, called “in prison” treatment, was formulated and put into effect. The second part related to a program of “follow-through” treatment, and was directed towards help for former inmates who had left prison and were on parole.

In October 1959, prior to the events here in question, appellant had requested and received permission to contact a parolee, but later decided not to make the contact. At the same time appellant asked for blanket authority to contact parolees in the future. Appellant’s superior denied this request, and in a letter to appellant explained that present policy of the Department was to discourage such contacts, and " [t] herefore, either with respect to personal contact or correspondence, individual requests will need to be made.”

It is admitted that appellant made two visits to the home of a parolee, one in June and the other in July 1960; that no request was made, and no permission given to make such contact with the parolee.

In July 1960 appellant was transferred from duty at San Quentin to duty at the California Medical Facility at Vacaville, and given a new assignment. He did not again contact the parolee.