Petitioner Ken Spence brings this Petition for Writ of Mandate, seeking an order setting aside the December 13, 2018 decision of the California State Personnel Board.

On December 13, 2018, the SPD ordered that the findings of fact, determination of issues, and the Proposed Decision of the Administrative Law Judge ("ALJ") in Case No. 17-1944 be adopted by the SPD, sustaining the dismissal of petitioner from his position as a Correctional Officer. Respondent California State Personnel Board ("SPB") and Real Party in Interest California Department of Corrections and Rehabilitation ("CDCR") oppose the petition.

Standard of Review

The SCP is a statewide administrative agency, which is created by and derives its adjudicatory power from the state Constitution. Krista v. State Personnel Bd. (1975) 50 Cal.App.3d 230, 236-237.) Under that constitutional grant, the SPB is empowered to review and render decisions on disciplinary actions. The SPB's decisions are entitled to judicial deference. D