Hildebrandt v. St. Helena Unified School District
Filed March 19, 2009
First District
Division Three
Cite as 2009 SOS 1697

Denial for Writ of Mandate of Dismissed Employees Upheld

The issue stemmed from a case involving Margaret Hildebrandt, a certified school psychologist who worked together with Susan Wood-DeGuilio as senior psychologists for Helena Unified School District. On the other hand, Ramah Commanday, was also employed by the district as its full-time certified school psychologist.

Hildebrant and De Guillio were laid off the district following the termination of the memorandum of understanding under Education Code section 44955, which directs the district “to reduce or discontinue one full-time equivalent (FTE) school psychologist position”.

The district gave all three employees termination notices but the district withdrew the notice for Commanday.

Hildebrandt filed a complaint, arguing that they (she and De Guillo) served longer than Commanday and therefore, more senior, although she worked only part-time.

After hearing, an administrative law judge (ALJ) found that it was necessary to eliminate one psychologist based on the provision of Education Code. It also rejected Hildebrandt’s arguments that “because of their greater seniority” the district must be required to retain them in preference to Commanday.

However, the ALJ ruled “the district does not allow a part-time employee to bump a full-time employee” as the district need a full-time psychologist to continue with tits programs.

Hildebrandt sought judgment for writ of mandate with the trial court, which was denied.

On appeal, the First District appellate court affirmed the decision of the trial court, denying the writ of mandate by the two part-time employees who were released.