Batson v. State Personnel Board

SCHOTTKY, J.

Harmon E. Batson has appealed from a judgment of the superior court denying his petition for a writ of mandate which was sought to review a decision of the State Personnel Board discharging him from his civil service position as “Laundry Supervisor II” with the Department of Mental Hygiene.

On September 18, 1956, Batson was suspended from his civil service position. A notice of punitive action signed by Walter Rapaport, the Director of Mental Hygiene, was served on Batson on October 1, 1956. It informed him that he was discharged from his civil service position. Batson appealed the decision and requested a hearing before the State Personnel Board. On November 28, 1956, an amended notice of

[322]

punitive action was served on Batson. This amended notice alleged seven incidents not set forth in the original notice upon which the causes for discipline were based. Batson asked and was given until January 21, 1957, to prepare his defense. The matter was called for hearing on January 21, 1957, and after some preliminary matters, a second amended notice of punitive action was served on Batson. This notice was signed by William M. 0 ’Brien, Superintendent and Medical Director of Modesto State Hospital. This second amended notice of punitive action charged Batson with:

B. Striking patients Sanders and Pearlmen without just cause or excuse on July 14, 1955.

C. On April 28, 1955, twisting the arm of and choking a patient, Fred Fox, without just cause or excuse.

D. Offering an employee, Mary Jane Campbell,

money

and sheets belonging to the state if she would engage in sexual intercourse with him.

E. Soliciting Marie Henriques.

F. Soliciting Lucille Amaral.

G. Shouting in anger at and using profane language upon hospital patients and subordinate employees assigned to work in the laundry. (An incident was charged as to Mary Jane Campbell, Eva Shafer, Ula Day and Hildred Foster, all employees, Tommy Winfrey, a patient, and Marie Henriques, an employee.)