Fleming v. Board of Trustees

MR. JUSTICE THOMPSON (R. L.) Delivered the Opinion of the Court.

This is an appeal from an order denying a petition for a writ of

mandamus

to compel a school board to permit the petitioner to teach in the public school of that district and to require the payment of her salary therefor.

The Board of Trustees of Oakville School District in Napa County consists of H. H. Carpenter, the duly elected clerk thereof; A. L. Lincoln and Peter Del Bondio. All of the members of the board met at the office of the clerk on May 4, 1929, to pass upon the election of teachers for the ensuing year. The petitioner, Helen L. Fleming, had been previously elected and served as a probationary teacher in that district for the school year of 1928-1929. At the meeting of the board on May 4th, it was decided by a majority of the members of the board not to employ the petitioner for the following year. No minutes of this meeting were kept. No formal motion or vote of the members was taken or registered with respect to the employment of the petitioner. That particular subject was, however, discussed orally, and at least two of the members, declared their opposition to her re-election. Following this determination of the board, the clerk then stated in their presence that he would notify the petitioner to that effect. On June 10, 1929, pursuant to the provisions of section

[227]

1609, subd. 5 (i) of the Political Code, a written notice, signed by the clerk and one other member of the Board of Trustees, was served on the petitioner, notifying her that her services as a teacher in that school district were no longer desired. This notice is dated June 8, 1929, and reads, in part: “Please be advised that at the conclusion of the present school term your services as teacher in the Oakville school will not be wanted any more.”

The appellant asserts "there was no formal decision on the part of the school board to terminate the petitioner’s employment as a probationary teacher, and that she was therefore automatically re-elected as such teacher pursuant to the statute. Section 1609, subd. 2,

supra,

provides: “Teachers may be elected on or after May second for the next ensuing school year, and each teacher so elected shall be deemed reelected from year to year except as hereinafter specified.”