Otto

This is an appeal by the members of the governing board of the Lassen Union High School District from a superior court order requiring the district to reinstate the petitioner (respondent) as a full-time counselor and to compensate him as such.

Facts

For more than three years prior to the start of the 1971-1972 school year, petitioner Edward J. Otto was employed by the Lassen Union High School District at Herlong High School. For the first three years of his employment, petitioner was assigned almost exclusively to counseling duties for which he received extra compensation. It is not disputed that petitioner is a permanent employee of the district and has tenure. He is certificated both as a counselor and as a teacher.

Prior to the inception of the 1971-1972 school year, the principal of Herlong High School advised petitioner that he was being reassigned to classroom teaching with only limited counseling duties. The apparent purpose for this reassignment was to discipline petitioner for an alleged act of insubordination.

There was at the time of this reassignment an unfilled full-time counseling position in the district at Lassen High School. Petitioner requested a…