Sherman v. Board of Trustees

THOMPSON, J.

This is an appeal from a judgment denying a petition for a writ of

mandamus

to require the Trustees of Siskiyou Union High School District to reinstate the petitioner as a permanent teacher therein on the ground that she has acquired such status under the Teachers’ Tenure Act by having successfully served as a teacher for more than three consecutive school years. The district has a daily attendance in excess of 850 pupils. The petitioner was regularly employed as a teacher in the district in 1928 and served as such continuously for three consecutive school years. It was conceded that she was one of the best teachers the district had. The members of the board were unanimously opposed to the policy of the Teachers’ Tenure Act and therefore knowingly reemployed no teachers for more than three consecutive school years so as to permit them to attain tenure.

Mr. A. G. Grant was superintendent of the school district and secretary of the board. He investigated the qualifications of all candidates for application to teach in the school and his recommendations for appointments were usually accepted. At the close of petitioner’s employment for the third consecutive school year Mr. Grant asked if she desired to be reappointed and she replied that she did so desire. In response

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to this request he wrote her a letter dated May 24, 1931, reading in part:

“I find just one fly in the ointment and that is the question of tenure. Members of the high school board have expressed themselves as opposed to placing any more teachers under tenure and the board passed a resolution by unanimous vote, with all members present, • memorializing our representatives in the Legislature to repeal the tenure law.

“The new tenure law will not go into effect until August and specifically provides that all teachers under tenure at the time that it does go into effect shall retain their tenure so the only way out that I can see would be for you to tender your resignation and let it be accepted at the next regular meeting of the board prior to June 10, because if you were for a fourth year you would become a permanent teacher under the existing tenure law and unless you resign, even failure on the part of the board to notify you by June 10 that your services will not be required for the ensuing year, would amount to reemployment.