Ryan v. Burk

BARNARD, P. J.

This is an appeal by the trustees of a school district from a judgment in favor of the petitioner and respondent directing the issuance of a writ of mandate requiring the appellants to reinstate the respondent as a teacher in the school maintained in said district and to pay her salary from September 1, 1936.

The respondent taught continuously in said district from 1920 until the end of the school year 1935-1936, except for the year 1926-1927. In April, 1926, she applied through the principal of the school for a leave of absence for the next school year and a Mrs. Magnuson was recommended to take her place for that year. The minutes of the board show nothing with respect to the granting of this leave of absence but the respondent did not teach during the next year and Mrs. Magnuson did. This school had less than eight teachers and permanent tenure of such teachers was not provided for until August 1, 1927 (Stats. 1927, p. 1913). The respondent returned to her work at the opening of the school year 1927-1928 and taught continuously until the end of the school year 1935-1936. In the spring of 1936 the board of trustees determined that the teaching staff of this school must be diminished because of a decrease in attendance and notified the respondent that her services would no longer be required. She demanded that she be retained on the ground that she had seniority rights and presented herself and offered to teach- on the opening of the year 1936-1937. She was not allowed to teach and this action followed.

It is admitted that all teachers in this school had permanent status when these events took place in 1936 and that the respondent was the oldest teacher in point of service unless this service was broken by her absence during-the year 1926-1927. Appellants take the position that a leave of absence for that year was not legally granted, that the respondent was merely reemployed when she returned the next year, and that her continuous employment dates from that time, making her the youngest teacher in point of ser

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vice. They contend that the evidence discloses that there was merely a verbal understanding that if the respondent returned after the year 1926-1927 she would again be elected as a teacher in said district, that during that year there was no relationship of employer and employee between her and the district, and that the evidence is, therefore, insufficient to sustain the judgment.