Pereyda v. State Personnel Board

Opinion

BRAY, J. *

Defendant-appellant State Personnel Board appeals from that portion of an amended judgment granting a writ of mandate ordering the “Board” to vacate its dismissal of plaintiff-appellant Pereyda and to restore him to his employment as a correctional officer. Pereyda appeals from that portion of said amended judgment denying his request for back pay.

Question Presented

Is the mere presence and possession of empty alcoholic containers, with no trace of alcoholic beverages, in view of Pereyda’s explanation of their presence, sufficient to justify the hearing officer’s finding that…