City of Calexico v. Calexico Personnel Commission
Shaun Sundahl, who was employed by the City of Calexico's police department (the Department) as a sergeant, appeals from the trial court's decision in favor of the City of Calexico, its chief of police and its city manager[1] (collectively, the City) in this administrative mandamus proceeding. The City brought this action pursuant to Code of Civil Procedure section 1094.5 to challenge a decision by the Personnel Commission of the City of Calexico (the Commission) determining that Sundahl should be demoted rather than terminated for certain violations of Department policies.
Sundahl contends that the trial court erred in ruling that the Commission was required, under the circumstances, to permanently terminate Sundahl's employment rather than demote him. We conclude that the Commission was within its discretion to determine that demotion rather than termination was the appropriate discipline to impose on Sundahl. Accordingly, we reverse the trial court's judgment granting the petition, and we direct that judgment be entered denying the petition.
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