Larson
Larson v. State Personnel Board
Opinion
Opinion
Martin, J.
California State Personnel Board (Board) appeals from a judgment granting peremptory writ of administrative mandamus (Code Civ. Proc., § 1094.5, subds. (f), (g)) to compel reversal of David Larson’s (Larson) termination as a teacher with real party in interest Department of Developmental Services (DDS).
Statement of the Case
DDS discharged Larson as a teacher at the Porterville Developmental Center effective July 24, 1992, based on his alleged sexual molestation of developmentally disabled clients. Larson appealed the dismissal to the Board.
On January 5, 1993, the appeal came before Administrative Law Judge Philip E. Callis of the Board. That same day, Larson and DDS entered into a written settlement agreement. DDS agreed to withdraw its adverse action of termination against Larson, Larson agreed to withdraw his appeal, and DDS agreed to reinstate Larson’s employment subject to certain conditions. The administrative law judge advised the parties:
“I’m going to submit what you have told me to the Board. And I will prepare a proposed decision in which I describe what occurred and make a recommendation to the Board on what action they should take.
“Ultimately, it’s the…