Stuart v. Bd. of Educ. of S.F.

HENSHAW, J.

This action was to enjoin the defendants, the board of education of the city and county of San Francisco and the superintendent of schools thereof, from enforcing a general resolution passed by the board requiring teachers and other employees of the school department to reside within the city and county during their terms of office or employment. Upon defendants’ refusal to answer after their demurrer was

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overruled, judgment passed for plaintiff as prayed for and defendants appeal.

A' part of the argument of appellants is directed to the provisions of the charter of the city and county (article XVI, section 2) which declares that “all deputies, clerks, assistants and other employees of the city and county must be citizens of the United States and must during their respective terms of office or employment, actually reside in the city and county and must have so resided for one year preceding their appointment.” In this connection it is argued that school teachers are officers of the city within the contemplation of this provision. Respondent makes answer that the school system is a state and not a municipal affair; that school teachers are not officers or employees of the city and county at all but are employees-of the board of education, and that to hold that a teacher is a municipal officer would work incalculable confusion and hardship and would immediately result in forfeiting the positions of many such teachers under the provision of section 996, subdivision 5, of the Political Code which declares: that an office becomes vacant upon the incumbent “ceasing to be an inhabitant of the district, county, city or township for which he was chosen or appointed, or within which the duties of his office are required to be discharged.” Into these considerations, however, we think it unnecessary to enter for, aside from them, the charter confers full power upon the board of education (if such a grant of power be needed) to pass the resolution here under review. It declares (article VII, chapter III, section 1) that “in addition to the powers conferred by the general laws of the state, the board of education shall have power; 4. To establish and enforce all necessary rules and regulations for the government and efficiency of the schools and for carrying into effect the school system.” In this connection section 1616 of the Political Code provides that “boards of education are elected in cities under the provisions of the laws governing such cities and their powers and duties are as prescribed in such laws except as otherwise in this chapter provided.”