Distinguished
Distinguished by Entezampour v. North Orange County Community College District, 190 Cal. App. 4th 832 (2010)
We do not need to decide whether we agree with the reasoning of Wong because it is inapposite for several reasons.
The opinion
POLLAK, J.
I concur in the reasoning and conclusion of the majority opinion. However, I would add an additional observation. Education Code section 87458 provides that a person satisfactorily employed for at least two years in an administrative position not part of the classified service who has not previously acquired tenured status “shall have the right to become a first-year probationary faculty member” (italics added) upon termination of the administrative assignment, if that person’s competency has been determined in a process that meets the requirements specified in the statute. The effect of this provision is to entitle the former administrator to be employed in the faculty *1386 position without satisfying minimum qualifications specified elsewhere. (See Ed. Code, §§ 87356, 87357, 87400; compare with Ed. Code, § 87359.) It is in this sense that the individual has the “right” to hold such a position. However, the fact that the individual is deemed qualified to hold a position does not mean that the board of governors must fill it.