Rodriguez v. Santa Clara Civil Serv. Com.
The City of Santa Clara and the City of Santa Clara Civil Service Commission Board of Review (hereafter jointly the City) appeal from a judgment granting respondent David Rodriguezs petition for writ of administrative mandamus in part. The City had terminated Rodriguezs employment as a police officer based on his alleged use of excessive force during the arrest of a citizen and his failure to report his use of force. The Civil Service Commission Board of Review (Board) upheld the termination. The court concluded that some of the Boards findings were not supported by the weight of the evidence and remanded the matter to the Board to reconsider its penalty determination in light of the courts findings. Court find no error and affirm the decision of the trial court.
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