Catania v. Board of Education

KERRIGAN, J.

Plaintiff: herein by mandate sought reinstatement in the school department of Oakland, and for her salary, amounting to the sum of one thousand two hundred dollars a year, during the time she had been deprived of her alleged right to teach. In the court below, after trial, the writ was denied, findings were waived, and judgment was had that plaintiff take nothing by her action.

Prom the facts it appears that the city of Oakland is organized under section 1576 of the Political Code as Oakland School District of Alameda County, and is governed by a city board of education elected under a freeholders’ charter. Plaintiff, A. R. Catania, had for a number of years prior to July 30, 1916, been regularly employed by said district as a school-teacher. Previous to September 20, 1915, she had been a single woman, but on that date she intermarried with Gerald Catania. The Oakland board of education had a rule, adopted in 1913, which provided in substance that when a woman employee married, her position should become vacant. Petitioner having placed herself within the operation of this rule, the board of education by resolution decided that it would no longer employ plaintiff, and written notice to this effect was served upon her.

The statute relating to the employment and discharge of teachers was at that time found in subdivision 7b of section 1617 of the Political Code, but is now contained in section 1609 of that same code by amendment of 1917, and reads as follows:

[595]

“The powers and duties of trustees of common school districts, and of boards of education in city school districts are as follows: . . .

“(b) 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; except that teachers may be elected on or after June 1st for the next ensuing school year, and each teacher so elected shall be deemed re-elected from year to year thereafter unless the governing body of the school district shall on or before the 10th day of June give notice in writing to such teacher that his services will not be required for the ensuing school year: Such notice shall be deemed sufficient and complete when delivered in person to the teacher by the clerk or secretary of the governing body of the school district, or deposited in the United States mail with postage prepaid addressed to such teacher at his last known place of address,” etc.