Ricasa

Ricasa v. Office of Admin. Hearings

Bad Law
242 Cal. Rptr. 3d 419·31 Cal. App. 5th 262
Court of Appeal of CaliforniaDecember 17, 2018D071088; D071122California8,809 words

Opinion

Lead Opinion

Nares, J.

Lozano Smith, Mark W. Waterman and Mark K. Kitabayashi for Respondents, Appellants and Real Parties in Interest Southwestern Community College District Governing Board and Southwestern Community College District.

*266 Southwestern Community College District (District) and its governing board (Board) (together Southwestern) demoted Arlie Ricasa from an academic administrator position to a faculty position on the grounds of moral turpitude, immoral conduct, and unfitness to serve in her then-current role. Ricasa filed two petitions for writs of administrative mandamus in the trial court seeking, among other things, to set aside the demotion and reinstate her as an academic administrator.

Ricasa appeals from the denial of her petitions, arguing the demotion occurred in violation of the Ralph M. Brown Act (the Brown Act) ( Gov. Code, § 54950 et seq. ) because Southwestern failed to provide her with 24 hours' notice of the hearing at which it heard charges against her, as required by Government Code section 54957. Assuming we reject her first argument, she *267 argues that the demotion was unconstitutional because no nexus exists between her alleged misconduct and her fitness to…

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