County of San Bernadino v. Civil Service Commission of the County of San Bernadi
Defendant and real party in interest, Kenneth Holtz (Holtz), appeals from a judgment of the trial court granting the petition for writ of mandate by the County of San Bernardino (County).
After the County terminated Holtzs employment as a deputy sheriff, an administrative hearing officer upheld the termination. The Countys three-person Civil Service Commission (Commission) reviewed the hearing officers decision and rejected the recommendation for termination. The County then sought a petition for writ of mandate and the superior court granted the writ, upholding Holtzs termination. On appeal, Holtz argues the trial court erred in finding that the Countys Personnel Rules, and not the MOU applying to sheriffs deputies, controlled the authority of the Commission to accept or reject the findings and recommendation of the hearing officer to terminate Holtzs employment. We agree with the trial court that the Commission abused its discretion by rejecting the recommendation for termination. Court affirm the judgment.
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