Board of Education of Los Angeles County v. Commission on Professional Competence

Appellants appeal from a judgment denying a petition for writ of mandate to set aside a decision of respondent, Commission on Professional Competence (CPC), dismissing appellant, Leo F. Smyth (Smyth), from employment by the Board of Education of the County of Los Angeles (Board). We reverse.

Respondents, Board and the Superintendent of Schools of the County of Los Angeles (Clowes), cross-appeal from the above named judgment wherein it is ordered that cross-appellants pay Smyth back salary and wherein cross-appellants’ request for further relief is denied. We affirm as to those portions of the judgment.

Facts

On May 29, 1973, the Board and Clowes notified appellant, Smyth, a classroom teacher employed by the Board, that he was charged with immoral conduct and evident unfitness for service and was therefore immediately suspended pursuant to Education Code section 13410. Smyth thereafter demanded a hearing on the above charges, which was held before the Commission on Professional Competence (CPC).

On October 11, 1973, the CPC decided that it did not have jurisdiction to consider the charge of evident unfitness for service, since notice of said charge was not given until…