Barber v. State Personnel Bd.
While employed by the Department of Youth Authority as a youth correctional counselor, Patrick Barber was disciplined for placing a ward in a restraint hold, which did not comply with the use of force policy implemented by the Department of Corrections (the Department). Upon Barbers appeal, the State Personnel Board (the Board) sustained some charges and dismissed others, and reduced the penalty from dismissal to a 45-day suspension. Barbers mandamus petition to the superior court was denied, as was his motion for reconsideration. On appeal he challenges the sufficiency of the evidence to support the Boards finding of misconduct and also contends the court erred in denying his motion. Court affirm.
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