An appellate court this week ruled in favor of David Agosto, a former Grossmont-Cuyamaca Community College District administrator who is challenging his dismissal, which happened while he was on medical leave.
The 4th Appellate District Court reversed a lower court's ruling that Agosto's contract was not valid because the district had not signed it. Agosto, of Bonita, is currently president of the Southwestern Community College District Governing Board.
Agosto was hired by the East County district in 1995 as a dean at Cuyamaca College in Rancho San Diego and took leave in 2005 after he was diagnosed with kidney disease. He was an interim associate vice chancellor for the district at the time.
On March 10, 2006, while on medical leave, Agosto was told that his position as a district administrator would end July 1 but that he could return to a faculty position. He sued, claiming the district failed to give him at least six months' notice that he was being fired as required for an administrator with a two-year contract.
The district's board denied the allegation, claiming Agosto had been employed under a year-to-year appointment, which requires notice of termination be given before March 15.
The appellate court ruled that evidence presented by Agosto “strongly suggested” the district had signed a two-year contract.
The appellate court ruled the district could not use the argument that a signed district contract did not exist because “that would facilitate a fraud upon Agosto and unjustly allow the district to escape its obligations to him under the contract.”
The appellate court did not support Agosto's argument that his contract automatically renewed on March 27, 2007, and remains in effect until March 26, 2009.
The appellate court sent the case back to Superior Court Judge Joan Lewis for further consideration, including introduction of additional evidence.
Agosto's attorney, Martha Torgow, urged the district not to prolong the case and to reach a settlement with her client. “It would be in the best interest of David and the district and taxpayers,” she said.
District spokeswoman Dana Quittner said the lower court must still rule on other arguments the district wants to present.
Leonel Sanchez: (619) 542-4568; leonel.sanchez@uniontrib.com
