Constantine v. Board of Education

KNIGHT, J. Plaintiff appeals from a judgment in favor of defendants in a proceeding in mandamus whereby she sought to establish tenure as permanent principal of the Gough School in San Francisco, to compel the Board of Education to “reinstate and restore” her to that position, and pay her the salary as such from the date on which she alleges she was illegally removed therefrom. The findings and judgment were entered in May, 1939; the final brief was filed in October, 1940, and two months later the appeal came on for oral argument.

The facts as they are shown by the evidence are these: For many years prior to the close of the school year 1934-1935 the Gough School was a special elementary school devoted exclusively to the teaching of deaf children. A staff of from five to seven teachers was employed to conduct the school. In 1922 plaintiff became a permanent teacher therein, and she continued to be employed as such until 1930. Thereafter, for the five succeeding years she was employed not only as teacher therein, but also as the administrative head thereof. In this connection the record shows that in August, 1930, she was employed as “teacher in charge” with an added salary of $20 a month, and in 1931 and 1932 as “vice-principal in charge”, with salary fixed as such. In 1933 and 1934 she was employed as “principal” of said school and paid a salary as such; and at the trial it was stipulated on behalf of the board that during said five years plaintiff performed all the duties of principal of said school.

[796]On May 13, 1935, which was about a month prior to the close of the school sessions for the school year 1934-1935 Edwin A. Lee, then superintendent of schools, requested plaintiff’s resignation as principal of said school. No complaint had been made against her by parents, or teachers, but she was told by Mr. Lee that if she did not resign the board would either disband the school, separate and put the classes in different schools, or consolidate the Gough School with another school. Thereupon he handed her a form of resignation to sign, which she declined to do; and on the following day, May 14, 1935, upon the recommendation of Mr. Lee, the board adopted the following resolutions: “That Mrs. Pearl R Constantine, who has been serving as probationary Principal at the Gough School, be notified that her services as Principal will not be required after the close of the school session on June 14, 1935.” “That effective July 1, 1935, the Gough School and the Sherman School be consolidated under the direction of one principal, and be designated as the Sherman-Gough School.” “That effective July 1, 1935, the position of principal of the Gough School be abolished.” “That effective July 1, 1935, Mrs. Agnes R. Tardelli, Principal of the Sherman School, be appointed as Principal of the Sherman-Gough School. Salary beginning July 1, 1935, to be at the rate of $3668.25 per annum. No change in salary rate.” “That effective July 1, 1935, Mrs. Pearl R. Constantine be assigned to duty as teacher in the Gough Division of the Sherman-Gough School. Salary beginning July 1, 1935, to be at the rate of $2410.69 per annum, being the 14th rating of the elementary school teachers’ salary schedule for 193A-1935. This is a reduction in salary” (amounting to approximately $110 a year).