Personnel Commission v. Barstow Unified School District

Respondents Personnel Commission of the Barstow Unified School District (Commission) and California School Employees Association (CSEA) sought a writ of mandate compelling appellants Barstow Unified School District and its board of trustees (collectively referred to as the District) to vacate their decision to lay off the District’s transportation workers and contract with appellant Mayflower Contract Services, Inc. (Mayflower) for transportation services. The lower court ruled the District’s actions violated the Education Code, and granted a writ. We do not reach the issue of the legality of the layoff and Mayflower contract, because we dispose of the matter on procedural grounds. Specifically, we conclude (1) the Commission lacked standing to sue, and (2) CSEA failed to exhaust administrative remedies.

I

Factual and Procedural Background

The District elected in 1967 to adopt a merit system of employment pursuant to Education Code section 45240 et seq. The merit system is, in essence, a civil service system covering classified (i.e., noncertificated) employees of a school district. The merit system statutes require the creation of a personnel commission, which is…