California School Employees Ass'n v. Foothill Community College District

Foothill Community College District on behalf of its governing board (hereafter “district”) appeals from a judgment the petition for a writ of mandate to reinstate Ruth M. Durst, a member of the California School Employees Association (hereafter collectively “Durst”). The district contends that the court below erred in concluding that certain language in the district’s handbook was vague and uncertain, and that Durst had acted in exercise of her First Amendment free speech rights. We have concluded that the judgment must be affirmed.

The court found the pertinent facts as follows;

Durst, a permanent classified employee of the district, on May 18, 1973, was served with a letter notifying her that a recommendation for dismissal was being presented for “conduct unbecoming an employee in public service” as said cause for disciplinary action is set forth in paragraph V.C.l. (b)(8) in the district’s “Classified Staff Handbook.” She properly requested a hearing on the charges for dismissal against her. On May 23, 1973, by a vote of three-two, the district dismissed Durst.

The only basis for the above disciplinary action was that she “unethically and without authorization…