Operating Engineers Local No. 3 v. County of Monterey
The trial court denied the petition for writ of administrative mandamus in which Deputy Sheriff Louis Parker,[1] sought to vacate the disciplinary action terminating his employment with the Monterey County Sheriffs Office (Sheriffs Office). The Sheriffs Office terminated Parker on the grounds that he was negligent when he accidentally shot a civilian and that he lied during the internal affairs investigation into the shooting. The Monterey County Board of Supervisors (the Board) upheld the termination.
Parker contends his due process rights were violated because his termination was based on charges that were not set forth in the Notice of Punitive Action. He asserts the Boards finding that other negligent discharge cases were dissimilar was not supported by substantial evidence and that substantial evidence does not support the Boards decision to distinguish this case from accidental discharge cases that did not result in human injury. He argues the decision to terminate him was an abuse of discretion because it was the result of disparate treatment and was not supported by the evidence. Court find no error and affirm the superior court judgment.
Comments on Operating Engineers Local No. 3 v. County of Monterey