Cta

The Governing Board of the Hilmar Unified School District and the Hilmar Unified School District (collectively the District) appeal from a judgment granting a peremptory writ of mandate directing the District to pay eight teachers who resigned or left their employment at the end of the 1997-1998 school year an additional one-time payment of 3 percent of base salary. A one-time payment of 3 percent of base salary had been paid by the District to teachers who returned to work for the 1998-1999 school year or retired after the 1997-1998 school year. The payment was not made to teachers who resigned or left after the 1997-1998 school year. The payment determinations by the District were made in accordance with the express terms of a mediated settlement package reached with the teachers’ union in September 1998. The trial court held the exclusion of the eight teachers violated the uniform pay provisions of Education Code section 45028 and granted the writ of mandate.

We hold that where a one-time payment to teachers is based upon at least one criterion that is neither years of training nor years of experience, the provisions of subdivision (d) of Government Code section…