Tuesday, June 07, 2011

Absmeier v. Simi Valley USD (Cal. Ct. App. - June 7, 2011)

Here's a nightmare of a hearing officer.

His name is Carl Lange.  The Simi Valley Unified School District retains him to conduct a hearing when one of its employees challenges his dismissal.  The rules require the hearing officer to render a decision within 10 days.  Mr. Lange doesn't do so.  You've got to read the Court of Appeal's decision to learn why.  Priceless.  Basically, an abject and totally inexplicable refusal to ever decide the case.

The Court of Appeal agrees that it was reasonable for the school district to boot Lange at that point.  I couldn't agree more.  I might have added that it'd be more than reasonable to sue him as well.

The Court of Appeal also holds that the school district could not, however, then hire its attorneys to review the transcript of the hearing and decide the case.  Totally right as well.  Conduct a new hearing.  This time with a hearing officer that's marginally competent.

I assume that the Carl Lange in question is the same Mr. Lange who now works for "Schools Legal Service".  Part-time.  Which seems pretty well suited to his disposition, at least in this case.