Chambers v. Board of Trustees

TUTTLE, J.

Respondent filed a petition for a writ of mandate in the trial court to compel appellants, as trustees of Madera City School District, to reinstate her in her position of school nurse. Judgment granting the writ was entered, and the trustees now appeal from the same.

Respondent had been employed by appellants for some thirteen years as nurse in the city schools of Madera. Prior to this action, no objection of any character was ever raised by appellants over the manner in which she performed her duties. She had attained the status of a “permanent employee” under the provisions of the School Code.

On March 7, 1939, the respondent board of school trustees adopted the following resolution:

“Mrs. Ransom moved, and Mr. Gordon seconded the motion, that the position of school nurse of the City of Madera School District be, and is hereby abolished, to become effective June 30, 1939. Those voting for the motion were Mrs. Ran

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som and Mr. Gordon. Mr. Hughes was recorded as not voting. The motion carried. ’ ’

Following this, the respondent board served upon Mrs. Chambers the following notice:

“ ‘Notice.

“To Mrs. Marie Chambers:

“You are hereby notified that the board of trustees of City of Madera School District, on the 7th day of March, 1939, at a meeting duly held pursuant to law, and upon motion duly made and carried, discontinued the position of School Nurse in said City of Madera School District; that by reason of the discontinuance of said position of School Nurse it has become necessary to decrease the number of permanent employees in said School District, and that after the termination of this present school year, to-wit, July 1, 1938, to June 30, 1939, your services will no longer be required by said City of Madera School District.

“ ‘You are hereby further notified to appear at a hearing before the Board of Trustees of said School District on the 11th day of April, 1939, for the purpose of determining whether