Lapp v. Superior Court

SCHOTTKY, J.

Petitioners, the trustees of the Auburn Union Elementary School District, seek review of an order of the superior court holding them in contempt for their alleged failure to comply with a judgment of the court.

Vivian Minor, the real party in interest, was employed as a secretary by the school district. In September 1961 she was purportedly removed from her job when the position which she held was abolished. She then brought an action against the petitioners to compel her reinstatement. On January 30, 1962, a judgment by stipulation was entered in the action which provided:

“1. That the defendants Auburn Union (Elementary) School District of Placer County and Velma Lapp, Don Russell, Al Simonet and Daniel J. Higgins, individually and as members of the Governing Board of Auburn Union (Elementary) School District of Placer County are hereby ordered to rescind their resolution of August 28, 1961, eliminating the position classified as ‘Superintendent’s Secretary’ from the employ of defendant District and from the Handbook for Classified Employees of said District.

[58]

“2.

That plaintiff Vivian Minor is ordered reinstated in the position of Superintendent’s Secretary of said District, with all salary, retirement, leave and other rights appurtenant to that position, effective for all purposes as of September 1, 1961.

“3.

That plaintiffs shall have judgment against said defendants in the amount of $2,500 and that the plaintiffs waive all claims for other damages against the said defendants, and each of them, set forth in their petition.

“4. That this judgment shall become effective upon its being signed and filed, the said defendants having waived notice of the entry and service of this writ of mandate, that the petition is dismissed as to defendants Dobs One Through Ten, and that each party shall bear its own costs and attorneys’ fees herein.”

At the same time the trustees requested and received another stipulation to the effect that Vivian Minor would remain away from her position until an investigation concerning her conduct was completed. Formal charges were filed against her on March 14, 1962. These were amended in April. The amended accusation detailed specific charges which had been brought against her, including charges that she violated rules and regulations prohibiting the punishment of children by others than teachers. She was also accused with wantonly offensive conduct and language toward other employees, pupils and the public, the use of foul and abusive language, and incompetency in the performance of her duties. In addition, she was charged in the amended accusation with specific charges of immorality. These charges, if proved, could require her dismissal from the public service.