The standard of review the court must apply when reviewing the sufficiency of the evidence to support the imposition of discipline against a correctional officer with CDCR is the independent judgment test. (Melkonians v Los Angeles County Civil Serv (2009) 174 Cal.App.4th 1159, 1167; Jackson v City of Los Angeles (2003) 111 Cal. App.4th 899, 902.) Petitioner has a vested interest in his employment; the higher level of review is required when reviewing the administrative record for sufficiency of the evidence. (Bixby v Pierno (1971) 4 Cal.3d 130, 144-145.)
Petitioner asserts that his rejection during probation and his dismissal from employment due to a cocaine positive random drug test was not supported by the evidence. An administrative hearing was conducted on December 21, 2016. The parties agreed to the order of how the evidence would be presented. (AR 259.) The parties agreed that petitioner would testify first due to the fact that while CDCR had the burden of proof
Hearing Date
September 11, 2018
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The standard of review the court must apply when reviewing the sufficiency of the evidence to support the imposition of discipline against a correctional officer with CDCR is the independent judgment test. (Melkonians v Los Angeles County Civil Serv (2009) 174 Cal.App.4th 1159, 1167; Jackson v City of Los Angeles (2003) 111 Cal. App.4th 899, 902.) Petitioner has a vested interest in his employment; the higher level of review is required when reviewing the administrative record for sufficiency of the evidence. (Bixby v Pierno (1971) 4 Cal.3d 130, 144-145.)
Petitioner asserts that his rejection during probation and his dismissal from employment due to a cocaine positive random drug test was not supported by the evidence. An administrative hearing was conducted on December 21, 2016. The parties agreed to the order of how the evidence would be presented. (AR 259.) The parties agreed that petitioner would testify first due to the fact that while CDCR had the burden of proof