Norton

INTRODUCTION

We hold Plaintiff Edward C. Norton must be reinstated to his former position as director of building services of defendant San Bernardino City Unified School District (the District), including his former duties, responsibilities and salary as director. We therefore direct issuance of a writ compelling the District to do so.

Norton was terminated from his employment as the District’s director of building services based on misconduct alleged by the District. Norton appealed the District’s decision pursuant to Education Code section 45305. After a lengthy administrative hearing, the appointed hearing officer determined that Norton had not engaged in the alleged misconduct with one exception.

Based on her findings, the hearing officer recommended that Norton’s discipline be modified. She recommended he be suspended for one month without pay for the allegation of misconduct she found to be true, but that he otherwise should “be reinstated to his position as Building Services Director” and receive backpay accordingly. The District’s personnel commission adopted the hearing officer’s recommendation. Norton then filed a verified petition for writ of mandate…