Gilbaugh v. Bautzer

[795]

Opinion

DRAPER, P. J.

Appellant Gilbaugh became an associate professor of education at San Jose State College in 1956. In 1959, the year in which he attained tenure as a teacher, he was appointed dean and academic vice president of the college. He held that position until September 1, 1966, when he was reassigned by the president to the position of professor of education. This, of course, transferred him from the administrative to the academic field, and resulted also in a reduction of salary from $21,960 to $16,212 per year. He requested a hearing (Ed. Code, §§ 22607, 24308, 24309, and Cal. Admin. Code, tit. 5, § 43501) on the sole question whether his new position was commensurate with his qualifications. The Trustees of the California State Colleges appointed a review board, which held full hearings and recommended affirmance of the reassignment. The trustees then heard appellant, and adopted the recommendation of the review board. Appellant brought this proceeding in mandamus against the college president and the trustees. After full hearing, the trial court denied relief. This appeal followed.

Appellant first argues that the trustees are without power to reassign him. He concedes that tenure gives him no right to a particular compensation. The concession is compelled (see, e.g.

Butterworth

v.

Boyd,

12 Cal.2d 140, 150, 152 [82 P.2d 434, 126 A.L.R. 838];

Taylor

v.

Board of Education,

31 Cal.App.2d 734, 742-743 [89 P.2d 148], hearing den.). Nor does he deny that the statute (Ed. Code, § 22607) authorized reassignment. That section requires the trustees to, “provide . . . academic and administrative [personnel] with personnel rights and benefits at least equal to those accumulated by them as employees of the state colleges,

except that any administrátive employee may be reassigned to an academic or other position commensurate with his qualification at the salary fixed for that position . .