What is the test for a civil servant to be found guilty of gross misconduct in a civil case?

California, United States of America


The following excerpt is from Cunningham v. City of Long Beach, B271380 (Cal. App. 2017):

mind the principle 'courts should let administrative boards and officers work out their problems with as little judicial interference as possible. . . . Such boards are vested with a high discretion and its abuse must appear very clearly before the courts will interfere.' " ' [Citation.] 'The policy consideration underlying such allocation of authority is the expertise of the administrative agency in determining penalty questions.' " (Id. at p. 633.) "In considering whether such abuse occurred in the context of public employee discipline, we note that the overriding consideration in these cases is the extent to which the employee's conduct resulted in, or if repeated is likely to result in, '[h]arm to the public service.' [Citations.] Other relevant factors include the circumstances surrounding the misconduct and the likelihood of its recurrence." (Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, 218.)

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