Darby v. Biggs School District

PLUMMER, J.

The appellants, S. M. Persons, N. E.. Askew and C. H. Johnson, are the trustees of the appellant school district. The respondent was employed by the appellants on May 14, 1934, as a principal of the school district for the school year 1934-1935. The respondent had also been employed by the district as a teacher for a period of two years prior to May 14, 1934. The action of the board on May 14, 1934, was in reemployment of the respondent as a principal for the school year of 1934-1935. At a meeting held by the board of trustees of the Biggs School District on or about the 14th day of May, 1935, it was voted not to reemploy the respondent for the school year of 1935-1936. The respondent in this action was present at that meeting, and it appears from the record that one of the members of the board asked the respondent if it would be necessary to give him a written notice, to which the respondent replied that it would not be necessary. This is taken from the appellants’ statement of the testimony. No notice in writing of the respondent’s dismissal was ever offered to, served upon, or delivered to the respondent by any of the trustees, or anyone acting for them.

Section 5.681 of the School Code provides as follows: “On or before the fifteenth day of May in any year the governing board may give notice in writing to a probationary employee that his services will not be required for the ensuing year. Such notice shall be deemed sufficient and complete when delivered in person to such employee by the clerk or secretary of the governing board of the school district or deposited in the United States registered mail with postage prepaid, addressed to such employee at his last known place of address.”

[220]

The record further shows that appellant, N. E. Askew, voted to renew the respondent’s contract of employment, and that the appellant, C. H. Johnson, referring to the requirement of the written notice of dismissal, stated: “I do not believe it will be necessary to write out a notice for Mr. Darby. If the people come to me, I am going to change my vote”. The record shows that relying upon this statement of the appellant Johnson, a petition, containing at least eighty-four names, was delivered to the board requesting the employment of the respondent. It does not appear, however, that any action was ever taken upon this petition, and some time during the following July, one H. Wayne Gillispie was employed to take the place of the respondent. On the day fixed for the opening of the school in the district, the respondent presented himself and offered his services as a teacher in said 'district, the appellants’ trustee refusing to assign the respondent to any duties whatsoever.