Butler v. Rio Hondo Community College Dist. CA2/2

FACTS

Butler filed a third amended complaint (TAC) alleging she had been retaliated against in violation of the Act because she reported to her superiors that a subordinate “may have falsely prepared an invoice authorizing payment of monies to an individual who was not allowed to receive” them.2 The District, Gee and Emerson sought summary judgment on the grounds that Butler did not engage in protected activity. They argued that this case involved the report of an internal personnel matter rather than a violation of the law, and therefore the report was not protected under the Act. In addition, they argued that there was no causal connection between Butler’s report of a subordinate’s misconduct and the District’s nonrenewal of Butler’s yearly contract. According to the District, Emerson and Gee’s separate statement: Butler’s job responsibilities included being the advisor to the Associated Student Body (ASB) and overseeing ASB fund requisition. In June 2011, a clerk in the Student Services Department informed Butler that her subordinate, Hannah Pastrano (Pastrano), had issued

1 All further statutory references are to the Education Code unless otherwise indicated. 2 Butler also…