Dept. of Corrections & Rehab. v. State Personnel Bd
Annotate this CaseCalifornia Department of Corrections and Rehabilitation (CDCR) gave notice it intended to discipline its employee, parole agent Shiekh Iqbal (real party in interest), for unauthorized use of government resources to access criminal history information concerning a third party. The State Personnel Board (SPB) revoked the discipline on statute of limitations grounds under the Public Safety Officers Procedural Bill of Rights Act (POBRA). SPB ruled that statutory tolling of the limitations period for “criminal investigation” of misconduct did not apply because CDCR conducted the criminal investigation itself, rather than have it done by an independent agency. CDCR and its (former) Secretary Matthew Cate petitioned for administrative mandamus. The trial court granted the petition, ruling the discipline was timely because the limitations period was tolled during CDCR’s internal criminal investigation of the misconduct. Iqbal appealed, arguing the Court of Appeals should have deferred to SPB’s interpretation of the statute. SPB elected not to file a brief in this appeal. After review, the Court of Appeal concluded tolling applied, and the disciplinary action was timely. Therefore the Court affirmed the judgment remanding the case for SPB decision on the merits.
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