Telish v. Cal. State Personnel Bd.
Annotate this CaseThe California State Personnel Board upheld Telish’s dismissal from his position with the California Department of Justice based on findings that he intimidated, threatened to release sexually explicit photographs of, and physically assaulted a subordinate employee with whom he had a consensual relationship. The essential issue was the admissibility of recorded telephone conversations between Telish and his former girlfriend and subordinate employee, L.D., which was received at the administrative hearing. The court of appeal affirmed denial of relief. A participant may properly record a telephone conversation at the direction of a law enforcement officer, acting within the course of his or her authority, in the course of a criminal investigation (Pen. Code 633). Section 633 does not limit the use of duly recorded communications to criminal proceedings. Although Telish contends the criminal investigation was a “sham,” the Board determined L.D. duly recorded the telephone conversations pursuant to the direction of DOJ in connection with a criminal investigation, and the Board’s finding was supported by substantial evidence.
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