Gately

Appellant Kim Gately (Gately) filed a petition for writ of mandate under Code of Civil Procedure section 1085 seeking reinstatement, backpay and other relief after she was terminated from her position as business manager of respondent Cloverdale Unified School District (District). The primary issue was whether Gately was a “senior management employee” within the meaning of Education Code section 45108.5, such that she was entitled to notice of termination, pursuant to section 35031, at least 45 days before the expiration of the term of her three-year employment contract. We affirm the superior court’s order denying the writ.

FACTS AND PROCEDURAL HISTORY

District has had a long history of financial problems. In 1997, after it overstated its projected revenues by approximately $670,000, the Sonoma County Office of Education enlisted the services of the fiscal crisis management and assistance team (FCMAT) to prepare a multiyear projection of the 1997-1998 budget and to review the budgeting process, staffing and business practices. Among other things, FCMAT recommended that District make a business official part of the administrative or management team “to ensure all…