Schmier

Schmier v. Bd. of Trs. of California State Univ.

Good Law

141 Cal. Rptr. 472·1977 Cal. App. LEXIS 1918·74 Cal. App. 2d 314·74 Cal. App. 3d 314·15 Empl. Prac. Dec. (CCH) 8025

Court of Appeal of CaliforniaOctober 18, 1977Civ. 16304California991 words

Opinion

Walter D. Schmier appeals the dismissal of his petition for writ of mandate entered after a general demurrer to it had been sustained without leave to amend. At issue is whether the Trustees of the California State University may be compelled to retain Schmier on active employment beyond the mandatory retirement age of 67 (Gov. Code, § 20981; Ed. Code, § 24207 ).

In 1967 Schmier was hired as an assistant professor by the President of San Diego State College (now San Diego State University). At that time the mandatory retirement age for public employees was 70. Schmier successfully achieved tenure.

Effective June 21, 1971, Government Code section 20981 was amended to lower the mandatory retirement age for public employees to 67. A state college employee of the rank of professor or lower could elect to complete the quarter, semester or academic year during which he attained compulsory retirement age.

Schmier contends the college president had authority to contract on behalf of the state college trustees (Ed. Code, §§ 23608 and 23605). Since the “contract” was with reference to the acquisition of tenure and a compulsory retirement age of 70 (at the time of the contract),…

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