Buchan

This is an appeal from a judgment denying a petition for a peremptory writ of mandate 1 to compel respondents, Las Vírgenes Unified School District, Las Vírgenes Board of Education, and Ken Osborn, superintendent of the district, to reinstate appellant, Everett Buchan, to his previous position of employment with the school district with full salary and benefits retroactive to the date on which appellant was suspended without pay.

*1091 Facts

On April 20, 1978, appellant was a certificated employee of the Las Vírgenes Unified School District. He was employed as director of personnel and had held that position in excess of 10 years. On April 20, 1978, the Board of Education of the Las Vírgenes School District notified appellant by letter that it had concluded that there was reasonable cause to believe that appellant was suffering “from mental illness of such a degree as to render [appellant] incompetent to perform [his] duties” and that appellant was being suspended with pay pursuant to Education Code section 44942. 2 (All statutory references herein are to Ed. Code, § 44942 unless otherwise noted.) In Buchan’s declaration, appellant stated that this letter contained the…