Absmeier

Absmeier v. Simi Valley Unified School District

Good Law
126 Cal. Rptr. 3d 237·196 Cal. App. 4th 311·2011 Cal. App. LEXIS 697·11 Cal. Daily Op. Serv. 6889
Court of Appeal of CaliforniaJune 7, 2011No. B221710California2,778 words

Opinion

Lead Opinion

Gilbert, J.

Sometimes an attempt to fix one problem creates a second bigger problem. Take the instant case for example.

*314 A personnel director files an administrative appeal to challenge his dismissal by his employer, a school district. A hearing officer selected by the school district’s personnel commission to hear the administrative appeal conducts a hearing. So far so good, but then comes the first problem. The hearing officer does not decide the case. After many months go by, he informs the parties that he will not decide the case. Instead of starting over, the commission creates the second problem. It employs its attorneys to review the transcripts of the administrative hearing and render the decision.

We reverse. Problems solved.

Plaintiff John Absmeier appeals a judgment denying his petition for a writ of administrative mandamus. (Code Civ. Proc., §§ 1085, 1094.5.) He challenged the termination of his employment by defendant Simi Valley Unified School District (District) by way of an administrative appeal of the District’s decision. His termination was upheld by defendant Simi Valley Unified School District Personnel Commission (Commission).

We conclude, among other…

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