Hartnett
Hartnett v. San Diego Cnty. Office of Educ.
Opinion
lead Opinion
Rourke, J.
*514 Appellants and defendants San Diego County Office of Education (Office) and Randolph E. Ward appeal from a judgment in favor of plaintiff and respondent Rodger Hartnett reinstating his employment and awarding him $306,954.99 in back pay, benefits, and prejudgment interest. Defendants contend (1) collateral estoppel precluded the trial court from granting Hartnett's requested relief; (2) the court misinterpreted Education Code 1 section 45306 in its decision; and (3) the court improperly determined the amount of Hartnett's back pay without remanding that issue to the proper administrative forum, Office's personnel commission (the commission), for the commission to make factual findings on the issue.
We conclude that the trial court's sole ground for granting Hartnett's petition-that the commission did not proceed in a manner required by law because it did not conduct an investigation-is not supported by section 45306. Here, the commission fulfilled its statutory duty to investigate Office's *515 allegations against Hartnett by conducting a four-day evidentiary hearing at which Hartnett was either present or chose to be present through his legal counsel and the parties were…