Barton v. Governing Board

In Barton v. Governing Board (1976) 60 Cal.App.3d 476, the court observed that the March "deadline for notice is apparently intended to afford the employee time to seek other employment as an administrator." ( Id., at pp. 479-480.) The procedural requirement that the affected employee acknowledge receipt of the notice of possible dismissal furthers that purpose. The formality of the procedure heightens the impact of the notice by eliminating any question that it is the official notice and that the affected employee must recognize the need to seek other employment elsewhere immediately or face reassignment to a teaching position. Compliance with the mandatory procedure for removing a principal is simple. It does not require a finding of cause, may be based upon no more than a personality conflict, and does not entitle the affected administrator to a hearing. ( Barton v. Governing Board, supra, 60 Cal.App.3d at p. 479.) The statute does not limit the right of a board to remove an administrator for any reason satisfactory to the appointing power (ibid.); the statute does, however, mandate that a board comply with certain requirements for timely and proper notice as a precondition to such removal. ( Barton v. Governing Board, supra, 60 Cal.App.3d at p. 479.)