ZUNIGA v. CIVIL SERVICE COMMISSION
Filed 3/27/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
| JESSE ZUNIGA, Plaintiff and Appellant, v. LOS ANGELES COUNTY CIVIL SERVICE COMMISSION et al., Defendants and Respondents. | B179975 (Los Angeles County Super. Ct. No. BS084496) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
Dzintra Janavs, Judge. Affirmed.
Green & Shinee, John S. Birke, Richard A. Shinee and Elizabeth J. Gibbons for Plaintiff and Appellant.
Law Offices of Hausman & Sosa, Jeffrey M. Hausman and Larry D. Stratton for Defendants and Respondents County of Los Angeles, Los Angeles County Sheriff's Department and Leroy D. Baca.
No appearance for Respondent Los Angeles County Civil Service Commission.
This is an appeal from a judgment denying former Los Angeles County Deputy Sheriff Jesse Zuniga's petition for writ of mandate. Zuniga seeks an order directing the Los Angeles County Civil Service Commission (Commission) to vacate its decision sustaining Zuniga's 10-month suspension following his indictment on felony charges, and award him back pay. We find the Commission lacked jurisdiction to hear and decide the appeal because Zuniga resigned from the Los Angeles County Sheriff's Department (Department) before the appeal process was concluded. We therefore affirm the judgment.
FACTUAL AND PROCEDURAL SUMMARY
Zuniga was charged with grand theft and attempted receipt of stolen property while employed as a Deputy Sheriff in the Department. The charges arose from an alleged bank credit card and ATM scheme involving county employees. Zuniga was suspended from his position without pay pursuant to Los Angeles County Civil Service Commission Rule 18.01(A) (hereafter Civil Service Rules or Rule), which allows the Department to suspend an employee who has been criminally charged or indicted for a period which â€
