WONG v. OHLONE COLLEGE
Filed 3/28/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
| STEVEN WONG, Plaintiff and Appellant, v. OHLONE COLLEGE et al., Defendants and Respondents. | A109823 (Alameda County Super. Ct. No. HG03112342) |
Education Code section 87458[1] sets forth the conditions under which a person previously employed as an administrator shall have the right to become a first-year probationary faculty member at a community college. In this case, we hold an administrator's statutory right under section 87458 is not absolute. A college may deny an administrator's request for appointment when there is no position available to which the former adminstrator may be appointed. We affirm the order denying Steven Wong's petition for a writ of mandate by which he sought to compel his appointment as a first-year probationary faculty member under section 87458.
FACTUAL AND PROCEDURAL BACKGROUND
Due to budgetary constraints in January and February of 2003, Ohlone College (the College) determined that for the school year 2003-2004, it would not fill two full-time faculty positions in the Business and Technology Division (Division) that were being vacated by retiring professors as of July 1, 2003. Additionally, the College decided to lay off certain administrative employees, including Steven Wong, who was then Dean of the Division. The College administrators stopped the recruitment process for the soon to be vacated full-time faculty positions.
In March 2003, Wong was told that he would not be reemployed as Dean for the 2003-2004 school year. Wong did not challenge this decision, but requested appointment as a first-year probationary faculty member for the next semester under section 87458.[2] The request was denied on various grounds, including that there was no available position to which the College could appoint him.
Wong sought to compel his appointment as a first-year probationary faculty member by filing a petition for a writ of mandate. The trial court found that Wong's right to appointment was not absolute under section 87458, but required that there be a position available to which the College could appoint him. Because the College established that there were no available positions, the court found Wong was not entitled to the requested relief. Wong now appeals the order denying his petition for a writ of mandate.[3]
DISCUSSION
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