Wylie v. State Personnel Board

BRAY, J. Petition for writ of mandate directing respondent State Personnel Board to authorize payment of petitioner’s salary for the period from December 4, 1948, to March 25, 1949.

The main question is: Under the State Civil Service Act, where charges are filed against a state employee by the appointing power and he is suspended by such power from service pending the hearing of such charges, and one of those charges is found true by the State Personnel Board, has the latter board any authority to restore to such employee salary for any portion of the period of suspension ?

Facts

The facts are not disputed. Petitioner, a civil service employee holding the position of special representative of the attorney general, on October 4, 1948, was suspended from his position by the attorney general and remained so suspended until March 25, 1949, the date of the State Personnel Board’s first decision hereinafter mentioned. On October 7, 1948, the attorney general preferred formal charges against petitioner with the State Personnel Board charging that he had used a state-owned automobile On personal business and praying that he be suspended from his position for 60 days without pay. On November 2, 1948, the attorney general filed amended and supplemental charges against petitioner, praying that he be dismissed from his said position. These charges included the original charge of misuse of the state’s automobile and other more serious charges. A hearing was had on the amended and supplemental charges. On March 25, the personnel board rendered its decision, finding the petitioner guilty of the charge of misuse of the state’s automobile, but [840]not guilty of all the other charges. It then ordered petitioner suspended from his position, without pay, from October 4, the date of his original suspension by the attorney general, to December 3 (two months), and restored to his position as of December 4. It further ordered the return to him of his salary for the period December 4 to March 25, subject, however, to a further hearing to determine whether there were any deductions to be made from such salary. A hearing was had and on June 3, 1949, the board rendered its decision finding that there were no deductions to be made from petitioner’s salary, but further finding that under section 19584 of the Government Code, inasmuch as it had found true one of the charges against petitioner, the board had no authority to authorize the payment to petitioner of salary for any portion of the period of his suspension. Petitioner sought a rehearing by the board on the matters contained in the June 3 decision. Being denied such, he brought this proceeding.