Governing Board v. Phillips

BROWN (Gerald), J. The defendant Wendell B. Phillips, Jr., appeals from a judgment which authorized the plaintiff school board to dismiss him from his position as a welding teacher, under the provisions of the Education Code, sections 12956,12958 and 13403.

Phillips was hired in August 1961 and became a certificated probationary employee of the school district. On December 1, 1961, the district superintendent received a call from a confidential informant suggesting an investigation of Phillips’ background. The superintendent interviewed Phillips and learned he was a former member of the Communist Party. This prompted a hearing before the board December 18, 1961, pursuant to section 12956 which required answers under oath on matters specified in section 12955; failure to answer questions on such matters is insubordination, necessitating suspension and dismissal.

In substance section 12955 required answers of the school employee relating to his

(1) Present personal advocacy of forceful or violent overthrow of our government;

(2) Past or present ‘‘knowing membership,’’ in any organization which, to the employee’s knowledge, advocates the forceful or violent overthrow of our government;

(3) Past or present “knowing membership” in the Communist Party; and

(4) Present personal advocacy of support of foreign government against our country in case of hostilities.

[97]Both sides were represented by attorneys at the hearing. The board president announced no charges were pending against Phillips; the sole purpose was to seek information from him. Phillips presented a written statement saying that he had been a socialist 25 years; that he does not advocate the forceful or violent overthrow of our government, nor has he “knowingly” belonged to an organization advocating such; that he joined the Communist Party in 1938 and left it in 1951; that he sought readmission in 1957, but he was denounced and his application rejected; that he confined his school instruction to the field of welding; and that he adheres to the American traditions of democracy and believes in academic freedom.

The board’s attorney examined Phillips. Some of the matters covered in the written statement were reiterated. In addition it was learned that on leaving the Communist Party in 1951 Phillips ceased paying dues, stopped attending meetings and no longer had any contact with the party. His effort to rejoin the party in 1957 was prompted by realizing the appalling results of Stalinism, and it was conditioned upon his ability to reform the party and bring about internal democracy.