Barrett v. Eastern Iowa Community College Dist., 56507

• Decision Date: 18 September 1974
• Docket Number: No. 56507,56507
• Citation: 221 N.W.2d 781
• Parties: Marguerite BARRETT, Appellant, v. EASTERN IOWA COMMUNITY COLLEGE DISTRICT, Appellee.
• Court: Iowa Supreme Court

Page 781

221 N.W.2d 781

Marguerite BARRETT, Appellant, v. EASTERN IOWA COMMUNITY COLLEGE DISTRICT, Appellee.

No. 56507.

Supreme Court of Iowa.

Sept. 18, 1974.

Newport, Newport, Wine & Buzzell, Davenport, for appellant.

Wells, Brubaker, deSilva & Gallagher, Davenport, for appellee.

Heard before MOORE, C.J., and MASON, RAWLINGS, REES and UHLENHOPP, JJ.

MOORE, Chief Justice.

Plaintiff-teacher-librarian appeals adverse judgment in this law action seeking a declaration defendant-college had failed to comply with Code section 279.13 in the termination of her teaching contract. We reverse and remand.

On May 15, 1970 the parties here involved entered into a written employment contract (exhibit A) under which plaintiff agreed to serve as librarian and receive from defendant $916.66 on the last day of each month for 12 consecutive months starting on the last day of September 1970. The term of service was to begin August 24, 1970 and end on July 30, 1971.

Regarding such contracts Code section 279.13, in relevant part, provides:

'Said contract shall remain in force and effect for the period stated in the contract and thereafter shall be automatically continued in force and effect for equivalent periods * * * until terminated as hereinafter provided * * * (T) he board may be a majority vote of the elected membership of the board, cause said contract to be terminated by written notification of termination, by a certified letter mailed to the teacher not later than the tenth day of April; provided, however, that at least ten days prior to mailing of any notice of termination the board or its agent shall inform the teacher in writing that (1) the board is considering termination of said contract and that (2) the teacher shall have the right to a private conference with the board if the teacher files a request therefor with the president or secretary of the board within five days; and if within five days after receipt by the teacher of such written information the teacher files with the president or secretary of the board a written request for a conference and, a written statement of specific reasons for considering termination, the board shall, before any notice of termination is mailed, give the teacher written notice of the time and place of such conference and at the request of the teacher, a written statement of specific reasons for considering termination, and shall hold a private conference between the board and teacher and his representative if the teacher appears at such time and place. * * * In event of such termination, it shall take effect at the close of the school year in which the contract is terminated. * * * The term 'teacher' as used in this section shall include all certified school employees, including superintendents.'

Most of the facts as disclosed by the record are not in dispute. On March 25, 1971 defendant's board of directors decided 'that contracts for Marguerite Barrett, Librarian, and * * *, be terminated effective at the end of the 1970--71 academic year and that the Board Secretary be directed to mail letter of intent to terminate by March 26, 1971, and letters of termination by April 10, 1971, as prescribed by Chapter 279, Section 13 of the Code of Iowa.'

This gives rise to one of the issues raised by plaintiff-appellant as the board, without notice to plaintiff, voted to terminate plaintiff's contract prior to giving notice of intent to terminate.

The board secretary did however, on March 26, 1971, prepare and by certified mail, with proper stamps attached, mail to plaintiff a 'Notice of Consideration of Termination of Teacher's continuing Contract.' The contents of that notice and plaintiff's response thereto are the basis of other issues raised on this appeal.

The above mentioned issues need not and are not decided as the main and decisive issue concerns defendant's attempt to give notice of termination by April 10, 1971.

On April 6, 1971 the secretary of defendant's superintendent took a typed letter of termination addressed to plaintiff to the post office substation at the Schlegal Drug Store in Davenport, Iowa. She testified: 'When I came to the Schlegel Drug Store I had a 6-cent stamp, which was required on it, and I told the lady at the substation what I wanted, and that I wanted the letter mailed Certified Mailing and I paid for it and obtained a receipt. The receipt of the substation was made out by the lady at the post office substation.'

When the letter was tendered to plaintiff...