French v. Board of Education of Santa Monica Unified School District

ROTH, P. J.

This is an appeal from a judgment vacating an alternative writ of mandate and denying a peremptory writ.

Appellant, a certificated public school teacher, was serving as a probationary teacher of mentally retarded pupils in the Santa Monica Unified School District (District) under the jurisdiction of respondents who, other than Dr. Alfred A. Artuso, were members of its Board of Education, herein “Board.” Dr. Artuso was Superintendent of Schools of the District and also served as secretary to the Board.

On February 17, 1966, appellant was informed by Frank Taylor, Director of Special Services for District, that he did not meet the standards required. He was told his contract of employment would not be renewed and given a choice of resigning or having dismissal proceedings brought against him.

On February 18, 1966, appellant delivered a formal letter of resignation to respondent effective as of June 17, 1966. The record shows that appellant lmew his letter of resignation would be acted upon at the regular meeting of the Board to be held on the evening of May 9,1966.

On the afternoon of May 9, 1966, at approximately 3:30 p.m. appellant delivered to one Velma Shay a sealed white envelope bearing the words “Board of Education,” enclosing a letter in which appellant revoked his resignation. At the time of delivering said envelope to Velma Shay, petitioner did not identify himself. He did not inform her of the contents of the envelope. He did not tell her that the Board should receive the envelope before its meeting that evening. He was told that Dr. Artuso, the superintendent, was not in his office and was not expected to return to the office that day.

Velma Shay is an employee of the District. She is one of the secretaries to Dr. Artuso. Shay’s duties as a secretary, however, were limited to the performance of secretarial tasks required by Dr. Artuso. She did not perform secretarial work in connection with Dr. Artuso’s responsibility as secretary to the Board of Education. She did not assist in the preparation of the Board’s agenda, nor did she perform any

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work for the Board. She had no personal knowledge of, mat-; ters presented to the Board, did not regularly attend Board meetings, and was not in attendance at the Board meeting on the night of May 9,1966.