Does the California Civil Service Board have a duty to consider the evidence before making a decision?

California, United States of America


The following excerpt is from Fichera v. State Personnel Bd., 217 Cal.App.2d 613, 32 Cal.Rptr. 159 (Cal. App. 1963):

The part of the Constitution of California which relates to the power of the board as to dismissals reads: 'Said executive officer shall perform and discharge all of the powers, duties, purposes, functions and jurisdiction hereunder or which hereafter by law may be vested in the board except that the adoption of rules and regulations, the creation and adjustment of classifications and grades, and dismissals, demotions, suspensions and other punitive action for or in the state civil service shall be and remain the duty of the board and a vote of the majority of the members of said board shall be required to make any action with respect thereto effective.' (Cal.Const. art. XXIV, 2, subd. (c).) It will be seen that this does not state that the board must review the evidence or the record. It is argued by appellants, however, that one who decides must hear, and that, therefore, article XXIV of the State Constitution, in conferring power on the board to decide upon dismissals, impliedly imposes a duty to consider the evidence, although not necessarily to see and hear the witnesses personally. Under the Administrative Procedure Act, review of the evidence is not a prerequisite, and a decision based on the findings and proposed decision of a hearing officer who has heard the evidence is valid. (Hohreiter v. Garrison, 81 Cal.App.2d 384, 184 P.2d 323.)

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