Jones v. County of LA Civil Serv. Com
Real party in interest and respondent Los Angeles County Department of Health Services (the Department) dismissed plaintiff and appellant Victor Jones (plaintiff) from his employment as a pulmonary physiology technician at a county health facility following a verbal altercation between plaintiff and a female co-worker. Defendant Los Angeles County Civil Service Commission (the Commission) sustained the Departments charges that petitioner had verbally and physically threatened the co worker, in violation of the Departments guidelines for employee evaluation and discipline, as well as a written policy prohibiting workplace threats and acts of violence. The Commission initially rejected the hearing officers recommended penalty of discharge and issued a proposed decision imposing a 30-day suspension without pay; however, in its final decision, the Commission sustained plaintiffs discharge.
Plaintiff petitioned for administrative mandamus to compel the Department to reinstate his employment, claiming there was insufficient evidence to support the factual findings of the Commission; the Commissions decision sustaining his discharge was improper because it was issued after the hearing officer who conducted the administrative hearing in plaintiffs case became the Commissions Executive Officer; and the penalty of discharge was an abuse of discretion. Court affirm the judgment. Substantial evidence supports the factual findings that were the basis for plaintiffs discipline, and the dismissal was not an abuse of discretion.
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