Kazensky v. City of Merced

Opinion

ARDAIZ, P. J.—

Introduction

It has long been the rule that “[t]he penalty imposed by an administrative body will not be disturbed in mandamus proceedings unless an abuse of discretion is demonstrated” and that “[njeither an appellate court nor a trial court is free to substitute its discretion for that of the administrative agency concerning the degree of punishment imposed.” (Barber v. State Personnel Bd. (1976) 18 Cal.3d 395, 404 [134 Cal.Rptr. 206, 556 P.2d 306].)" In part II of this opinion we apply this well-established rule, and we conclude that the City of Merced did not abuse its…