Lund v. San Francisco Civil Service Commission

Filed 6/1/06 Lund v. San Francisco Civil Service Commission CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

Michael Lund sought employment with the Fire Department of the City and County of San Francisco (Department). The Department disqualified Lund as an eligible candidate after conducting a background investigation. The county's civil service commission (Commission) denied Lund's appeal from the Department's decision, and the superior court subsequently denied his petition for a writ of mandate under both section 1085 and section 1094.5 of the Code of Civil Procedure.^[1] Lund contends the trial court erred in denying relief, arguing that the Commission abused its discretion in denying his administrative appeal. The essence of his claim concerns employment discrimination on the basis of a disability, specifically alcoholism. We conclude the Commission did not abuse its discretion and affirm the trial court's judgment.

Background

The Department issued a job announcement for the position of â€