Armstrong v. Bd. of Educ. of the City of Vallejo

HENSHAW, J.

Petitioner sued in the superior court for mandate requiring the defendants to restore him to the position of city superintendent of schools of the Vallejo City school district, and to pay him the salary attached to the position.

Judgment passed for defendants and petitioner appeals. The following facts are uncontroverted, and fairly show the nature of the controversy. Prior to the sixth day of July, 1911, petitioner sought from the defendant board of education an election or appointment at its hands as superintendent of

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schools of the city of Vallejo. The personal defendants, as members of this board, explained to the petitioner that there were many applications for the position filed with the board, and that when they made their selection they would elect a city superintendent on probation for the period of one year and no longer. Petitioner was elected with this understanding, and under this agreement qualified and entered upon the performance of his duties as such superintendent. Before the expiration of the year differences had arisen; petitioner’s fitness was in question; a hearing was had; testimony was taken, and upon June 26th, before the expiration of the one year, the board of education declared that they had investigated the matter of the qualifications of the petitioner, and as a result of their investigation were convinced that the public good and the welfare of the public schools demanded the suspension of the school superintendent, and further, that he should not be reappointed or re-elected to the office for the ensuing year, and, finally, that his entire connection with the school department be terminated. Notwithstanding this, the petitioner was paid the salary of his office for the full first year. Petitioner twice amended his complaint. Under the first two complaints he insisted merely that he had been re-employed for the second year. Upon his third amended complaint he took the position that he had been duly elected superintendent of public schools for the full period of four years by virtue of subdivision 2, section 1793, of the Political Code, which declares that city superintendents of public schools elected by city boards of education “shall be elected for a term of four years,” and in this connection he argues that having thus been chosen for the full term of four years, the attempted removal of him from office by the board of education is without authority in law, which authority is found only under the provisions of sections 758-772 of the Penal Code.