Morse v. San Diego High School Board of Education

JAMES, J.

This is an appeal from a judgment of dismissal following the sustaining of a demurrer to the plaintiff’s complaint. The plaintiff asked for a writ of mandate to compel the issuance to him of a salary warrant to which he claimed to be- entitled under an alleged employment as teacher in the San

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Diego Mgh school. The chief question to be decided is as to whether a city hoard of education has the right at the end of a school year to discharge a high school teacher at its discretion and without assigning cause therefor. Plaintiff by his complaint showed that he had been employed during the school year of 1915-16 as a teacher in the high school of the city of San Diego; that on May 16, 1916, the board of education gave notice of its determination that his services would not be required for the ensuing school year. It was further alleged that this notice was void and did not have the effect of terminating the employment of the teacher. Some other matters are set forth in the complaint which will hereinafter be referred to. It is argued on behalf of the appellant that no authority resides in a board of education, as conferred by the statutes of the state, to dispense with the services of a teacher without making charges against the competency or character of such teacher—in other words, that the teacher having once been employed cannot be dislodged from his position except for cause. Appellant’s counsel argues that to permit such a thing to be done is contrary to the principles of the system of civil service, although he does not point to any provision of law which shows that the privileges or requirements of a civil service system have been extended to teachers in the public schools, unless section 1617 of the Political Code, subtitle “b” of subdivision seventh, operates to have that effect. We have examined that section with much care and, in our opinion, to give it the effect argued for by appellant would be to “legislate judicially” and import by construction provisions not found within the terms of that section, thus imposing upon the law a clearly forced interpretation. The language of the subtitle to which we have referred confers authority on boards of education “to employ the teachers, and immediately notify the county superintendent of schools, in writing, of such employment, naming the grade of certificate held by the teacher employed; also to employ janitors and other employees of the school; to fix and order paid their compensation, unless the same be otherwise prescribed by law; provided, that no board shall enter into any contract with such employees to extend beyond the close of the next ensuing school year;