Filed 12/14/05 Steward v. Hartnell Comm. College Dist. CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

LYDIA HAMPTON STEWART, H027415

H028346

Plaintiff and Respondent, (Monterey County

Superior Court

v. Nos. M68521, M68571)

HARTNELL COMMUNITY COLLEGE

DISTRICT, et al.,

Defendants and Appellants.

_____________________________________/

Appellant Hartnell Community College District (Hartnell) terminated the employment of respondent Lydia Hampton Stewart. We hold that Hartnell properly instituted dismissal proceedings under Education Code section 87666 and reverse the judgment.[1] We also reverse the order awarding attorney's fees.

I. Statement of Facts

Stewart began her employment at Hartnell in August 1996, and eventually became a permanent tenured faculty member. On August 8, 2003, Edward Valeau, Hartnell's president and superintendent, notified Stewart that he would be recommending that the Board of Trustees of Hartnell (Board) terminate her employment. The statement of charges against Stewart alleged multiple acts of dishonesty, including misappropriation of public funds.

On August 14, 2003, the Board held a special meeting. At Stewart's request, the statement of charges against her was read in open session. After several individuals urged the Board not to dismiss her, the Board adjourned to closed session. The Board then adopted a resolution to suspend Stewart immediately without pay.

Stewart sought administrative review of the Board's decision. Prior to the administrative hearing, Stewart moved to dismiss the charges on the ground, among other things, that Hartnell did not terminate her employment â€