Polster

This case arises out of a turf battle between the Sacramento County Superintendent of Schools and the governing board of a “lame duck” school district, which was on the verge of absorption into a new, larger district.

Defendants and appellants Sacramento County Office of Education (SCOE) and Sacramento County Superintendent of Schools David W. Gordon (Gordon; collectively, SCOE) appeal from a judgment granting a writ of mandate commanding Gordon to process payroll requests pursuant to a transition plan adopted by the outgoing board of the Grant Joint Union High School District (GJUHSD or District), a plan that awarded severance buyout packages to several District administrative employees, including plaintiffs and respondents Joan Polster, John Raymond, Patricia Paulsen, and Jacques S. Whitfield, who were petitioners in the trial court (collectively, petitioners).

The dispositive issues are whether Superintendent Gordon’s refusal to approve payroll warrants to carry out the transition plan was a proper exercise of his authority under Education Code section 42127.6, subdivision (j) (section 42127.6(j) or subdivision (j)) and, if so, whether he abused his discretion in…