Gore v. San Diego County Civil Service Commission
While Deputy Sheriff Jeffrey Hornacek was undergoing training to become a patrol deputy, the San Diego County Sheriff's Department (Department) terminated his employment on the ground that he was incompetent and failed to conform to work standards. Hornacek appealed the termination to the San Diego County Civil Service Commission (Commission), which concluded that Hornacek had been inefficient, but not incompetent, and that he should receive a two-day suspension, not termination, along with back pay, benefits and interest. William D. Gore, as Sheriff of San Diego County (the Sheriff), filed a petition for writ of administrative mandamus challenging the Commission's decision. (Code Civ. Proc., § 1094.5.) The trial court denied the petition, concluding that the Commission's decision was supported by substantial evidence and did not constitute an abuse of discretion.
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