Bassett Unified School District v. Commission on Professional Competence

Appellant Doris Ziemer is a permanent certificated employee of the Bassett Unified School District (District). In January 1985, District filed a written accusation seeking her dismissal for dishonesty, immoral conduct and evident unfitness for service. (Ed. Code, § 44932, subd. (a).) District also immediately suspended her without pay. (§ 44939.) Ziemer demanded a hearing and the Commission on Professional Competence (Commission) determined no grounds for dismissal existed and ordered she should not be dismissed. District then sought and obtained a writ of mandate (Code Civ. Proc., § 1094.5) in the superior court commanding Commission to set aside its decision and to order Ziemer’s dismissal from District’s employment. Ziemer appeals.

Although we affirm that portion of the superior court judgment finding the existence of statutorily authorized grounds for dismissal (§ 44932, subd. (a)), we reverse the issuance of the writ as being premature inasmuch as the superior court failed to consider whether Ziemer’s misconduct—measured against the Morrison criteria (Morrison v. State Board of Education (1969) 1 Cal.3d 214, 229-230 [ 82 Cal.Rptr. 175 , 461 P.2d 375 ])—demonstrates…