Aldrich v. Chino School District

BARNARD, J.

The plaintiff herein was employed by the defendant School District as superintendent of schools under a contract which covered a period ending July 1, 1929. On April 24, 1928, he received a telegram from the clerk of the school board, stating that the board was ready to elect his successor, if satisfactory to him, and asking him to wire his resignation to take effect August 1st. On the same day, he replied in part as follows: ‘ ‘ This with general run down condition makes it necessary for me to resign, effective, August first." It is not shown that these messages were called to the attention of the board of trustees of defendant District, and, so far as shown by the record, the board took no action in reference to the resignation of the plaintiff, or in reference to terminating his employment. About June 1, 1928, the plaintiff left the Chino School District and was gone all of June and July, except one day in June and

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except the last one or two days of July. His salary was paid for the month of June, but was not paid for the month of July, and this action was brought to recover the same.

In addition to the facts above stated, the court found that the plaintiff, during the month of July, 1928, communicated with the secretary of the school and kept her informed as to where he was; that this information was available at all times to the defendant School District and its board of trustees; that this was the vacation period of the school; that the School District and its board of trustees made no request of plaintiff to return or to perform any service, and made no protest because of his absence; and that plaintiff performed no service as such superintendent during the month of July, 1928, except the writing of two letters of instructions to the secretary of the school. The court found as conclusions of law, that by reason of the provisions of subdivision fifth (g) of section 1609 of the Political Code, as amended in 1927, the resignation of plaintiff was ineffectual and void; that the plaintiff abandoned his contract of employment on August 1, 1928, and such abandonment was acquiesced in by the defendant School District; and that plaintiff was entitled to judgment for his salary for the month of July, 1928. From the judgment that followed the defendant has appealed.

Two points are raised by the appellant, the first being that by reason of the provisions of subdivision fifth (g) of section 1609 of the Political Code, the resignation of respondent became effective at the close of the school year, to wit, on June 30, 1928. The code section referred to provides as follows: