California, United States of America
The following excerpt is from Garcia v. City of Long Beach, B207898 (Cal. App. 4/28/2009), B207898 (Cal. App. 2009):
The law is now well settled that, in a case involving disciplinary termination of the vested rights of a city employee, a decision against the employee is reviewed under the independent judgment standard. That standard differs from the substantial evidence rule, by which the trial court is required to uphold the agency decision so long as it is supported by substantial evidence. Under the independent judgment standard, the court exercises its own judgment, a process that allows it to reweigh the evidence. This rule is, of course, applicable to termination of the vested rights of a police officer who has passed the probationary period and attained vested rights in his or her position and compensation. (Barber v. Long Beach Civil Service Com. (1996) 45 Cal.App.4th 652, 659.)
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