Kavanaugh v. WEST SONOMA COUNTY UNION HIGH

111 Cal. Rptr. 2d 829, 92 Cal. App. 4th 411
CourtCalifornia Court of Appeal
DecidedDecember 12, 2001
DocketA093779
StatusPublished

This text of 111 Cal. Rptr. 2d 829 (Kavanaugh v. WEST SONOMA COUNTY UNION HIGH) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kavanaugh v. WEST SONOMA COUNTY UNION HIGH, 111 Cal. Rptr. 2d 829, 92 Cal. App. 4th 411 (Cal. Ct. App. 2001).

Opinion

111 Cal.Rptr.2d 829 (2001)
92 Cal.App.4th 411

Alta KAVANAUGH, Plaintiff and Respondent,
v.
WEST SONOMA COUNTY UNION HIGH SCHOOL DISTRICT et al., Defendants and Appellants.

No. A093779.

Court of Appeal, First District, Division One.

September 20, 2001.
Review Granted December 12, 2001.

*831 Robert J. Henry and Nancy L. Klein, Monterey, for appellants.

James D. Allen, San Diego, for respondent.

*830 SWAGER, J.

This appeal by the West Sonoma County Union High School District and its governing board is from a judgment granting a petition for writ of mandate and directing the district to reemploy respondent Alta Kavanaugh as a probationary certificated teacher, effective with the commencement of the 1999-2000 school year.[1]

The judgment was based on the trial court's reading of Education Code section 44916, which provides that new certificated employees must receive a written statement indicating their employment status and salary "[a]t the time of initial employment." [2] For a temporary employee, if the statement does not indicate the temporary nature of the employment, the employee is deemed to be a probationary employee. We conclude that the statute requires a school district to provide the statement when its governing board takes formal action to employ a new certificated temporary employee rather than on the date that employee first renders paid service to the district, and we reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

A. Introduction

Certain of the underlying facts are undisputed. During the summer of 1999, respondent, a certified secondary language arts teacher who had been teaching in the Hemet Unified School District, submitted various applications for teaching positions in Sonoma County. On August 12, she wrote to the personnel director of the West Sonoma County Union High School District (District), stating that she planned to relocate to Sonoma County and asking to be considered for an open position in the District for an English teacher. Respondent explained that she would be in the Santa Rosa area the following week and would be available for an interview at the District's convenience.

On or about August 20, respondent was interviewed by Thomas Lorch, the principal of the District's Analy High School, Timothy Williams, an English teacher at the school, and others. At the conclusion of the interview, Lorch offered respondent the vacant position. Her first day of work for the District was August 26,1999.

At its regular meeting on Thursday evening, September 9, the District's Board of Trustees took action to employ respondent, among other new teachers, effective August 26, 1999. On September 10, the District received verification from the Hemet Unified School District of respondent's years of experience and information that the latter district had granted her a one-year leave of absence for the 1999-2000 school year. On Monday, September *832 13, Susan Panas, the District's personnel manager, informed respondent by letter that the board had "approved your employment as a temporary teacher at Analy High School effective August 26, 1999."

On October 18, Panas notified respondent in writing that her salary would be increased retroactively because the District had received final confirmation of additional credits she had earned. Panas also asked respondent to stop by the office at her "earliest convenience" to sign her contract. On November 2, Panas sent respondent another reminder about signing the contract. On November 9, respondent signed the contract, which described her term of employment as commencing August 26, 1999, and terminating June 8, 2000, specified her placement on the certificated salary schedule, and identified her classification as temporary.

On April 20, 2000, because of the District's financial condition, the Board took action not to reemploy several temporary certificated employees, including respondent. On the same day, the District notified respondent pursuant to section 44954 that she would not be reemployed.

B. The Lawsuit

Respondent filed a petition for a writ of mandate and complaint for declaratory relief, seeking reemployment as a probationary teacher, back pay and benefits, and other relief. She alleged that the District had a duty under section 44916 to classify her as a probationary employee for the 1999-2000 school year because it failed to provide timely written notice that her employment was temporary, and that she must be deemed reemployed as a probationary employee for the following year because she was not notified otherwise before March 15, 2000.

Respondent submitted a declaration in support of the petition, stating in part that during her interview, no one told her the position was temporary. She declared that Lorch said the position would lead to permanent status with the District and that she would have to teach two probationary years before she could become a permanent teacher. She accepted the position based on these representations. She would not have left her permanent position in Southern California without being placed in a tenure track position. According to respondent, she first learned she was a temporary employee when she received the September 13 letter. She questioned personnel manager Panas about that classification before signing her contract on November 9. Panas replied, "That's just something this district does. Don't worry. If you get a good evaluation, they'll retroactively make you probationary." With that assurance, respondent signed the contract.

Opposing the petition, the District submitted declarations from Lorch, Panas, and Williams, which conflicted with certain of respondent's assertions. Lorch declared that he did not tell respondent her employment would lead to a permanent position, did not explain the tenure process to her, and did not represent the open position as permanent. He also declared that he always tells candidates for temporary positions that the employment is a temporary one-year contract. Panas declared that she prepared an announcement for the English teacher position in June 1999, which provided specifically that a successful candidate would be hired as temporary. She stated that the announcement was distributed to district schools, neighboring districts, and applicants requesting information.[3] Panas also denied *833 telling respondent that a good evaluation would provide her with probationary status. According to Panas, when respondent signed her contract, she did not mention her present claim that she had been hired as a probationary teacher. Panas also explained that verification of a new teacher's prior employment and academic unit accumulation is necessary to determine his or her correct placement on the District's salary schedule. By October 18, 1999, Panas had obtained final verification of the necessary information about respondent, and requested that she come to the office to sign her contract.

The trial court granted respondent's petition for writ of mandate and directed the District to reemploy her as a probationary certificated teacher effective with the commencement of the 1999-2000 school year.

DISCUSSION

To obtain a writ of mandate under Code of Civil Procedure section 1085, the petitioner must show a clear, present, and usually ministerial duty on the part of the respondent and a clear, present, and beneficial right in the petitioner to the performance of that duty. (Santa Clara County Counsel Attys. Assn. v. Woodside

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Bluebook (online)
111 Cal. Rptr. 2d 829, 92 Cal. App. 4th 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kavanaugh-v-west-sonoma-county-union-high-calctapp-2001.