California Correctional Peace Officers Ass'n. v. State Personnel Board

ARABIAN, J., Dissenting.

The essential question presented is whether the statutory time period within which the State Personnel Board (Board) must act is mandatory and jurisdictional or merely “directory.” A corollary issue is whether, when the Board has failed to act in a timely fashion, an employee bears the burden in a subsequent mandamus proceeding to establish that the employing agency’s action is unjustified.

Contrary to the majority, I would hold that the Court of Appeal correctly interpreted the governing statute to conclude that the statutory time frame is mandatory and jurisdictional.…