Cal. Dept. Mental Health v. Ca.State Pers. Bd.
California Department of Mental Health (DMH) appeals from an order denying its petition for administrative mandamus in an employee disciplinary matter. (Code Civ. Proc., 1094.5.) DMH dismissed Joseph M. Martinez, a peace officer at Atascadero State Hospital (ASH), for sleeping on duty and being dishonest in not admitting it. The California State Personnel Board (Board), in a three-two decision, reduced the penalty to a six month suspension without pay. Finding no abuse of discretion, the trial court denied the writ petition. Court exercise restraint and, consistent with time-honored rules, affirm.
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