CSEA

This is an appeal from a judgment denying a petition for writ of mandate. Plaintiff and appellant Mike Perez (Perez) and his labor union, plaintiff and appellant California School Employees Association (CSEA) (collectively, appellants), contend respondent Livingston Union School District (and affiliated persons and entities) wrongfully denied Perez a due process hearing in connection with his disciplinary termination from employment. The trial court found Perez did not file a timely request for a hearing and waived the right to a hearing. We conclude respondent’s policies did not provide Perez due process of law. Accordingly, we will reverse the judgment.

Facts and Procedural History

Perez was employed by respondent as a bus driver and custodian. He was a full-time, permanent employee who worked during the school year. In the spring of 2004, a parent complaint resulted in a review of Perez’s job performance. As respondent’s investigation of the matter continued, the school year ended and Perez was off work until the start of the next school year.

On June 24, 2004, respondent sent Perez a document entitled “Notice of Statement of Charges and Recommendation for Immediate…