Negron v. Los Angeles Cnty. Civ. Serv. Comm.Annotate this Case
Respondent, employed as a deputy with the Department, pled guilty to a violation of Vehicle Code section 23153, subdivision (b) for driving under the influence, while he was relieved of duty. Respondent was subsequently discharged. Respondent then filed a petition for administrative mandamus challenging the final order of the Commission adopting the hearing officer's findings and recommendation of discharge. The trial court granted the petition for writ of mandate and ordered the Commission’s final order to be set aside on the ground that the Department lacked authority to discipline respondent. At issue was whether the Department can discharge respondent for misconduct committed while he was on unpaid, relieved-of-duty status. The court concluded that the Department had the authority to do so and that the Supreme Court’s decision in Garvin v. Chambers does not compel a different result. Accordingly, the court reversed the judgment.