California School Employees Association v. Jefferson Elementary School District

This is an appeal from the lower court’s judgment denying a petition for writ of mandate and thereby affirming respondents’ action in discharging one Betty Comisky (“Betty”), a school employee.

Betty, the real party in interest, was a permanent classified employee of respondent school district from July 1, 1967, to May 4, 1972. During this period, covering nearly 4 years and 10 months, Betty was absent from work 388 days, amounting to 31 percent of the total work time. Pursuant to Education Code, section 13740, and the rules and regulations issued thereunder, respondents brought charges claiming that Betty had been unable to maintain acceptable standards of productivity due to her extensive and prolonged absenteeism and had become inefficient in the performance of her assigned duties within the meaning of the code and of respondents’ rules and regulations.

It stands undisputed that the procedural requirements prescribed by the code and the regulations have been minutely complied with. Thus, Betty was duly served with a notice of written charges (§ 13742). After she denied the charges and filed an appeal therefrom (§ 13743), a fair and extensive hearing was held before…