In what circumstances will the employment appeals board be represented by the attorney representing the sheriff's department?

In Howitt v. Superior Court (1992) 3 Cal.App.4th 1575, after a county deputy sheriff was disciplined, he challenged the discipline before a quasi-independent administrative tribunal established to resolve disputes between the county and county employees. During a contested hearing, the sheriff's department was represented by county counsel, and county counsel also advised the appeals board. (Id. at p. 1578.) Because the employment appeals board was cast as a "'supposedly neutral decision maker' . . . the attorney's dual role as both advocate for a party and adviser to the tribunal . . . does violence to [the] constitutional ideal" of due process." (Id. at p. 1586.)