California School Employees Ass'n v. King City Union Elementary School District

— California School Employees Association and its Chapter 494 (hereafter in the singular, CSEA) has appealed from a judgment denying its petition for a writ of mandate against the King City Union Elementary School District (hereafter District).

The appeal is taken on the superior court clerk’s transcript. The record therefore consists of the pleadings, findings, of fact and conclusions of law, and judgment. (Millbrae Assn. for Residential Survival v. City of Millbrae (1968) 262 Cal.App.2d 222, 226 [ 69 Cal.Rptr. 251 ].) We are not concerned with the oral and documentary evidence adduced in the superior court (id., p. 226), because the “sufficiency of the evidence to support the findings is not open to review” (Wheelright v. County of Marin (1970) 2 Cal.3d 448, 454 [ 85 Cal.Rptr. 809 , 467 P.2d 537 ] [cert. den., 400 U.S. 807 ( 27 L.Ed.2d 37 , 91 S.Ct. 65 )]).

We accordingly state the material facts as they, and reasonable inferences therefrom, appear from the superior court’s findings.

The District had employed “teacher aides,” a classified employment in its school system, under its “Board Policy 420.7” adopted in 1974, which as relevant provided that: “All [teacher]…

Concurring. — I do not agree that the “formal vote of the members of the board” which Education Code section 35163 requires for “every official action” is satisfied by some undefined “consensus,” particularly where the trial court finds that there was no “vote” at all. Nor is it satisfied by the fact (if it is a fact) that the board’s action was recorded in the minutes of the board meeting and in the journal of its proceedings, since the requirement for recordation of official acts is imposed by section 35163 in addition to the requirement for “formal vote.” To me, a formal vote means at least a procedure by which each member of the board indicates in some formal and express way his approval or disapproval of a pending proposition.

Nor do I agree that board policy 420.7 became inconsistent with state law simply because there was a reduction in funding for teacher aides. It is apparent, and at oral argument the board conceded, that the reduction in funding could have been accommodated by other means including, for example, the means now advocated by the union, i.e., by reduction in the number of teacher’s aides.

The trial court determined, however, that the school board “received…

ELKINGTON, Acting P.J.

California School Employees Association and its Chapter 494 (hereafter in the singular, CSEA) has appealed from a judgment denying its petition for a writ of mandate against the King City Union Elementary School District (hereafter District).

The appeal is taken on the superior court clerk's transcript. The record therefore consists of the pleadings, findings of fact and conclusions of law, and judgment. ( Millbrae Assn. for Residential Survival v. City of Millbrae (1968) 262 Cal. App.2d 222, 226 [ 69 Cal. Rptr. 251 ].) We are not concerned with the oral and documentary evidence adduced in the superior court ( id., p. 226), because the "sufficiency of the evidence to support the findings is not open to review" ( Wheelright v. County of Marin (1970) 2 Cal.3d 448, 454 [ 85 Cal. Rptr. 809 , 467 P.2d 537 ] [cert. den., 400 U.S. 807 ( 27 L.Ed.2d 37 , 91 S.Ct. 65 )]).

We accordingly state the material facts as they, and reasonable inferences therefrom, appear from the superior court's findings.

The District had employed "teacher aides," a classified employment in its school system, under its "Board Policy 420.7" adopted in 1974, which as relevant…