Downs v. Bd. of Educ. of Hoboken Dist.

• Decision Date: 23 March 1934
• Docket Number: Nos. 220-223.,s. 220-223.
• Citation: 171 A. 528
• Parties: DOWNS v. BOARD OF EDUCATION OF HOBOKEN DIST. et al., and three other cases.
• Court: New Jersey Supreme Court

171 A. 528

DOWNS

v. BOARD OF EDUCATION OF HOBOKEN DIST. et al., and three other cases.

Nos. 220-223.

Supreme Court of New Jersey.

March 23, 1934.

Certiorari proceedings by Angelina Koch Downs and by Rai Dreisen Flechtner, opposed by the Board of Education of the District of Hoboken and the State Board of Education, to review the action of the State Board of Education in affirming the dismissal of certain school teachers, and two separate certiorari proceedings by the Board of Education, opposed by Angelina Koch Downs and the State Board of Education, and by Rai Dreisen Flechtner and the State Board of Education, to review the action of the State Board in ordering payment of unpaid salaries and ordering school board of Hoboken to dismiss nontenure teachers and replace them with tenure teachers.

Decision of State Board of Education affirmed.

Argued October term, 1933, before BROGAN, C. J., and TRENCHARD and HEHER, JJ.

Arthur T. Vanderbilt, of Newark (Nathan L. Jacobs, of Newark, on the brief), for Angelina Koch Downs and Rai Driesen Flechtner.

Joseph Greenberg, of Hoboken, for Board of Education.

PER CURIAM.

These writs, taken together, bring up for review the action of the state board of education in affirming the dismissal by the school board of Hoboken of certain school teachers, the action of the stafe board in ordering payment of certain unpaid salary to them, and the action of the state board in ordering the school board of Hoboken to dismiss certain nontenure teachers and to replace them with tenure teachers.

It appears that there were 9 elementary schools in the school district of Hoboken with 6,704 pupils in attendance in 1928. From that time forward until 1932 there was a marked decrease in attendance from year to year, so that in 1932 there were only 5,431 pupils. During the latter part of this period there were 5 vacant class rooms and 943 vacant seats. This diminution in the number of pupils was a natural one, due to the loss of population. During this period the decrease in the number of teachers was only 9. In 1931, due to a bank failure, inability to collect taxes, and other causes, the city of Hoboken, which comprises the school district of Hoboken, found it difficult to finance its schools, difficult at first and almost if not impossible thereafter to borrow money by the use of all available credit of the city. From time to time the president of the board of education made public reference to economic problems facing the board. He referred to the fact that many of the teachers were married women, some of whom did not live in the city, and that condition he vigorously criticized. On June 27, 1932, a second conference was held between the bankers and the city officials in an effort to raise money, but that effort was futile in view of the position taken by the bankers that the cost of operating the schools must be reduced. As a result of this conference the city commissioners met with the board of education and laid before them the situation. The result was that it was decided to close two schools. To carry out this decision the board met on June 29, 1932. At that meeting a report was made by the superintendent of schools that he had made certain transfers of teachers and other employees from and to various schools, subject to the approval of the board. That approval was unanimously given. By that transfer 26 teachers represented by the prosecutrix Angelina Koch Downs were transferred to schools Nos. 4 and 7. Later at the same meeting the board by resolution reciting in effect the decreased attendance, the excessive per capita cost of pupils, the necessity of economizing, and that the services of so large a number of teachers were no longer required, unanimously resolved that schools Nos. 4 and 7 be closed on June 30th at the close of the school session, and that the pupils theretofore attending those schools be transferred to other schools, and that 34 named teachers (including the 26 heretofore referred to and 8 others represented by prosecutrix Rai Dreisen Flechtner) be dismissed as of June 30, 1932, and abolished the offices of certain other employees.

All of the dismissed teachers here involved (namely, the 26 transferred to schools Nos. 4 and 7, and the 8 who had long served in Nos. 4 and 7), have served for more than 3 years, and are therefore under the protection of the tenure of office act.

An appeal was taken by the named teachers to the commissioner of education. That official concluded that the transfer of the 26 teachers from various schools to Nos. 4 and 7 was illegal, in that it had for its purpose the placing them in a situation which would appear to legalize the termination of their services. As to the 8 teachers who had served in schools Nos. 4 and 7 prior to June 29, 1932, the commissioner held that their services were legally terminated.

An appeal was then taken to the state board of education, and...