ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

teacher, Flores was unable to connect the article with any official publication of the charges by
the defendants.
As to Flores’ property interest claims, the court sided with Boylan’s determination that
Flores had failed to serve 2 years as a teacher. California Education Code § 44800 clearly states
that time spent on active duty does not count toward time necessary to gain tenure. Thus, Flores
failed on this argument.
Flores did, however, raise an issue in regard to his property interests in his administrative
position. Flores did not argue that he was tenured as an administrator as California does not
provide administrative tenure but rather that his due process rights were violated. Flores’ contract
specified that he could not be terminated without a conference with the superintendent prior to
termination and a conference with the board to address his concerns. Flores contended that he
was never given notice of the reasons his termination was being considered, and that he was not
made aware that he could have legal representation at his conference with the superintendent or
board. The defendants could not refute these claims as Von Kleist’s letter placing Flores on paid
administrative leave did not enumerate the reasons. Flores was made aware of the reasons at his
“pre-termination” conference on February 13, 2008. Thus the defendant’s motion for summary
judgment on this point was denied.
Moving on, Flores’ racial discrimination claim was based on Von Kleist’s references to
him as “Pancho, Cisco, and Tubs (the character from Miami Vice).” Flores asserted that these
racially insensitive statements were evidence that Von Kleist terminated him for his Hispanic
heritage, but the Court did not agree. The Court explained that random statements by superiors
do not create an inference of discrimination when legitimate reasons for termination have been
proffered. The court found likewise on Flores discrimination claim based on military service.
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