Weisner v. Santa Cruz County Civil Serv. Comm'n
Annotate this CaseWeisner, a mechanic at Santa Cruz County’s Buena Vista Landfill, also operated a construction hauling business. Three times in 2008, Weisner used County employees and equipment to remove construction materials. Following investigations, in 2008, the County dismissed Weisner. The County Civil Service Commission upheld the termination. The superior court remanded; the court of appeal affirmed. Following a 2012 hearing, the Commission again upheld the firing. The superior court again remanded. In 2014, the Commission found violations of rules, but reinstated Weisner’s employment, without back pay and without credit toward seniority or other benefits. Weisner appealed and returned to his county employment. Weeks later, Weisner stated that the terms of his reinstatement had been violated, and that his attorney had advised him to leave and not return. About a week later, the county sent Weisner a letter, stating: “You have been absent from work for the past five working days, and have not contacted the County since our July 10, 2014 telephone conversation. Based upon your lack of contact, and your verbal resignation during our last conversation, it is apparent that you are not interested in continued employment.” The superior court then concluded that Weisner’s pending petition was moot. The court of appeal reversed, reasoning that, even if Weisner resigned, the appeal concerning back pay and benefits was not moot.
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