Parker

*239 Opinion

Appellant J. Carlyle Parker, employed at California State College, Stanislaus, appeals from a judgment of the Stanislaus County Superior Court denying a petition for writ of mandate (Code Civ. Proc., § 1085) to compel respondent Chancellor of the California State University and Colleges to grant appellant’s application for sabbatical leave under title 5, California Administrative Code, section 43000 et seq.

Appellant brought an application for a pay differential sabbatical period under title 5, California Administrative Code, section 43000, subdivision (c), to research and to author a work on genealogical studies. Appellant, a librarian, is an academic employee within the meaning of title 5, California Administrative Code, sections 42700, subdivision (1), and 43000, but not a classroom teacher. Because of limited funding for educational leaves, the chancellor, under the authority vested in him by Administrative Code, title 5, section 43000, has adopted a written policy, contained in the administrative manual of the California State University and Colleges, restricting sabbatical years to instructional employees. Appellant’s application was denied on the basis of…

I respectfully dissent.

I agree that petitioner does not have a right to a sabbatical leave. He does, however, have the right to be considered after filing an application and not be arbitrarily excluded before his application is considered by an unauthorized deletion of librarians as a class from those eligible for sabbatical.

The regulations adopted by the trustees specifically include librarians as an academic employee (Cal. Admin. Code, tit. 5, § 42700, subd. (1)) and thus among those who are eligible for a sabbatical (Cal. Admin. Code, tit. 5, § 43000). Nowhere do I find any authority on the part of the chancellor to decide he may reduce the eligibility list by excluding an entire class of eligibles.

The chancellor has broad discretion under California Administrative Code, title 5, section 43004; but I submit that that section should be construed with the entire set of administrative regulations adopted by the trustees pertaining to sabbaticals to the end that all eligibles must be considered subsequent to their application and not be automatically eliminated from consideration in advance because they are librarians. In the absence of such an interpretation, the chancellor…

HANSON (P.D.), J.

Appellant J. Carlyle Parker, employed at California State College, Stanislaus, appeals from a judgment of the Stanislaus County Superior Court denying a petition for writ of mandate (Code Civ. Proc., § 1085) to compel respondent Chancellor of the California State University and Colleges to grant appellant's application for sabbatical leave under title 5, California Administrative Code, section 43000 et seq.

Appellant brought an application for a pay differential sabbatical period under title 5, California Administrative Code, section 43000, subdivision (c), to research and to author a work on genealogical studies. Appellant, a librarian, is an academic employee within the meaning of title 5, California Administrative Code, sections 42700, subdivision (1), and 43000, but not a classroom teacher. Because of limited funding for educational leaves, the chancellor, under the authority vested in him by Administrative Code, title 5, section 43000, has adopted a written policy, contained in the administrative manual of the California State University and Colleges, restricting sabbatical years to instructional employees. Appellant's application was denied on…