Service Employees International Union v. City of Mountain View
Plaintiffs Service Employees International Union, Local 715 (SEIU) and Shara S*r brought a petition for writ of administrative mandate following S*s termination as an employee of the City of Mountain View (City). The trial court did not set aside the termination, but ordered defendants City and Kevin Duggan, the City manager, to restore back pay to S*r from November 3, 2004 to August 30, 2005, on the ground that the predisciplinary or Skelly hearing[1] violated due process. On appeal, defendants contend that there was no violation of due process. Following supplemental briefing, we conclude that S*s failure to exhaust her administrative remedies deprived the trial court of jurisdiction to decide this issue. Court therefore reverse the judgment. Plaintiffs have filed a cross-appeal in which they argue that there was insufficient evidence to support the trial courts findings regarding job related misconduct. Court find no merit to this argument.
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