California Teachers Ass'n v. Butte Community College District

In this appeal from a judgment denying a petition for a writ of administrative mandamus and declaratory relief, appellant Earl McGhee contends his employment as a college instructor was improperly terminated by the Butte Community College District Board of Trustees (the Board) in violation of due process and statutory rights under Education Code sections 87740 and 87743. We shall affirm the judgment.

Factual and Procedural Background

Appellant worked for the Butte Community College District (the District) for 27 years, the last 12 years of which he was an instructor in the electronics program.

In March 1994, the District determined it was necessary to discontinue the electronics instruction program due to budget constraints. On March 11, 1994, District Superintendent Betty Dean gave appellant “preliminary notice,” pursuant to the Education Code, that elimination of his position was being considered due to the need to reduce services. Another electronics instructor, Ed Strother, received a similar notice.

Appellant (and Strother) requested an administrative hearing. On March 29,1994, the District filed its administrative accusation to terminate employment, and an…