Barton v. Governing Board

Opinion

EMERSON, J.

*

The Governing Board of the Middletown Unified School District appeals from a judgment directing issuance of a writ of

[478]

mandate compelling the reemployment of respondent Barton as vice-principal of Middletown High School for the 1975-1976 academic year. The court found that respondent could not be dismissed or reassigned to a teaching position without having been given the notice required by section 13443.6 of the Education Code,

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and that such notice had not been given.

Barton was employed by appellant at the Middletown High School from November 1971 to September 1972 as a teacher and counselor. From September 1972 through the end of the 1974-1975 school year he was employed as vice-principal. Bob Pipes became principal of the high school and superintendent of the district in 1973. Sometime thereafter, Pipes became dissatisfied with Barton’s performance as vice-principal, and at the end of the 1973-1974 school year he made the first of several contacts with the attorney for appellant concerning the possibility of removing Barton as vice-principal. Acting on the belief that Barton was a probationary employee, Pipes recommended to appellant on December 17, 1974, that Barton be released at the end of the 1974-1975 school year. Pursuant.to section 13443, this initial recommendation was formalized in a letter sent to appellant on March 6, 1975, and in a dismissal notice sent to Barton on the same date. Barton requested a hearing. Before the hearing took place, Barton’s attorney advised the office of administrative hearings that Barton appeared to be a

permanent

employee and therefore not subject to release under section 13443. As a result, on or about April 30, 1975, appellant discontinued the action against Barton. On May 12, appellant informed respondent that he would be reemployed for the 1975-1976 school year as a teacher rather than an administrator.

In June 1975, Barton instituted the mandate proceedings which resulted in the judgment here appealed from. Pending appeal, Barton accepted employment from appellant as a teacher for the 1975-1976 school year, which has expired.