Bietz v. Westwood U. Sch. Dist.
The trial court sustained the Westwood Unified School District’s (District) demurrer without leave to amend, finding that the District’s Board policy 2121, patterned on Government Code section 53260’s mandatory provisions, provides the exclusive administrative remedy for termination of Superintendent Henry Beitz’s contract for illegal practices. The ruling, in effect, means that section 53260, and therefore policy 2121, bar litigation of a claim for damages as a matter of law if the District terminates a superintendent’s contract because it believes the superintendent has engaged in fraud, misappropriation of funds, or other illegal fiscal practices and its belief is confirmed by an independent audit. (Gov. Code, § 53260, subd. (b)(1).)[1]
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