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  5. 233 Cal.App.3d 813 (1991)
 

DEPT. OF PARKS & RECREATION v. STATE PERSONNEL BD

Docket No. C007192.

233 Cal.App.3d 813 (1991)

284 Cal. Rptr. 839

DEPARTMENT OF PARKS AND RECREATION, Plaintiff and Appellant, v. STATE PERSONNEL BOARD, Defendant; GERALD DUARTE, Real Party in Interest and Respondent.

Court of Appeals of California, Third District.

August 26, 1991.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, N. Eugene Hill, Assistant Attorney General, Richard M. Frank, Vincent J. Scally, Jr., and Geoffrey L. Graybill, Deputy Attorneys General, for Plaintiff and Appellant.

Gary P. Reynolds and Darrell S. Steinberg for Real Party in Interest and Respondent.

Williams, Kelly, Romanski, Polverari & Skelton, Richard J. Romanski and Anthony M. Santana as Amici Curiae on behalf of Real Party in Interest and Respondent.

OPINION

SPARKS, J.

In this case we consider the authority of the California State Personnel Board (Board) to receive postdismissal evidence of rehabilitation in mitigation of the discipline imposed by the appointing power. We hold that the Board has the authority to receive such evidence and in appropriate cases to reduce the discipline in light of this mitigating evidence.

The Department of Parks and Recreation (Department...

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