Chaplin v. State Personnel BoardAnnotate this Case
The California Department of Forestry and Fire Protection (CAL FIRE) disciplined three of its firefighters for cheating on a promotional exam. One of the men appealed his discipline to the California State Personnel Board (Board). The other two did not. While the appeal was pending, CAL FIRE substituted new disciplinary notices against all three men, seeking to impose harsher penalties. Over the men’s objections, the Board allowed CAL FIRE to proceed. The firefighters filed a petition for a writ of mandate in the trial court, which the court denied.
The court of appeal affirmed in part. CAL FIRE permissibly substituted its disciplinary notice against the firefighter whose appeal was pending before the Board, but not against the other two, because by statute their discipline became final 30 days after they did not appeal, (Gov. Code, 19575).