Holbrook v. Board of Ed. of Palo Alto Unified School Dist.
| Decision Date | 25 May 1951 |
| Citation | 37 Cal.2d 316,231 P.2d 853 |
| Court | California Supreme Court |
| Parties | HOLBROOK v. BOARD OF EDUCATION OF PALO ALTO UNIFIED SCHOOL DIST. et al. S. F. 18263. |
K. R. McDougall, Palo Alto, for appellant.
Tanner, Odell & Taft and Robert A. Odell, Los Angeles, Gardiner Johnson and Thomas E. Stanton, Jr., San Francisco, as amicus curiae on behalf of appellant.
Hardy, Carley & Brenner and John M. Brenner, Palo Alto, for respondents.
This is an appeal on an agreed statement from a judgment denying a petition for writ of mandate. Respondents are the Board of Education of the Palo Alto Unified School District, the individual members of the board, and the superintendent of schools of the district. Appellant, claiming full time tenure rights by virtue of his full time employment in the school district for seven consecutive school years, seeks to compel respondent board to reinstate him to his prior position and to employ him as a full time employee of the district in a position or positions requiring certification qualifications of a proper grade. The board contends that appellant has acquired no more than 'one-fourth time tenure' and the trial court so held.
At all times pertiment appellant held valid life elementary and secondary teachers' credentials and a valid life general administrative certificate. On August 1, 1940, respondent board adopted a resolution that appellant 'be elected Business Manager and Principal of the Evening High School to succeed Mr. Charles L. Suffield * * * and that he serve as other certificated employees on a probationary basis for three years.' The following day the district superintendent of schools addressed a letter to appellant which contained the following: 'At a special meeting of the Board of Education held on August 1st you were on my recommendation elected Business Manager and Director of Adult Education, which includes being Principal of the Evening High School, to succeed Mr. Charles L. Suffield resigned, at a salary at the rate of $3,000 a year, and your service shall be thought of in the same relation as other certificated employees who serve under the rules of the Board on a three-year probationary basis.'
On August 8, 1940, pursuant to section 5.403 of the School Code (now section 13004 of the Education Code), the secretary of the board gave written notice to the county superintendent of schools that the school district had employed appellant 'to render service in a full time position requiring certification qualifications, in the following capacity: Business Manager and Principal of Evening High School he has been classified by this board as a probationary employee.'
Appellant testified that he performed the following business management duties during the school year 1940-1941: Directed the accounting for the school system and the issuing of purchase orders and other financial contracts; supervised the making of the monthly payroll for all district employees; directed the management of the cafeteria; took care of school funds collected through the principals and set up an accounting plan concerning such funds; made a continuous study of the types of equipment and supplies required in the school system, kept inventories thereof and directed the storing and distribution of such items; took care of the business documents and records; directed the work of custodians, gardeners and maintenance men and selected persons to do such work; had charge of the school district transportation system; helped make the budget and administered it; assisted the district superintendent in drafting and revising salary schedules and rules and regulations; planned and conducted school elections; furnished information to the school employees and others on matters of school law, salary reduction, retirement system, income tax procedures and group insurance claims; made claims for reimbursement from the state and federal governments for special activities such as child care centers, adult education activities, and the cafeteria.
Appellant also testified that the evening high school provides classes for adults; that the duties of the principal of that school involved scheduling classes for adults, selecting teachers, making reports to the state and superintendent, and general direction of the adult education program. Holbrook and his secretary, Mrs. Young, testified that appellant had to interview prospective teachers.
The agreed statement recites that appellant was employed for the school year 1941-1942 to serve as 'Business Manager and Principal of the Evening High School.' No contracts were issued for that year and there were no minutes of the board showing his election. He performed the same duties as in the first year and also started what was called the National Defense Training Center a program for training adults for war production. With another man selected as principal of the center, appellant had to do the preliminary organizing work, select the teachers, make rules and regulations, and direct the program in general. The center involved from 15 to 20 teachers and the training of 400 to 500 men every day. It was operated 24 hours a day during the war years.
On May 7, 1942, respondent board adopted a resolution that appellant 'be employed as Director of Adult Education and Business Manager for the school year 1942-1943 at an annual salary of $3840.00.' Appellant accepted a formal offer of employment which was in the following form (underscored portions indicate blank spaces as filled in):
'You are hereby notified that at a meeting of the governing board of Palo Alto Unified School district held May 7, 1942, you were elected to serve as a full time/part time Business Manager & Director of Adult Educ. for the school year beginning July 1, 1942 and ending June 30, 1943.
'The following conditions of employment have been stipulated by the governing board and are hereby expressly made a part of this contract: * * *
Neither the words 'full time' nor 'part time,' preceding the title of the position, was crossed off. The notice of employment sent to the county superintendent was the same as that of August 8, 1940, quoted above. During the year 1942-1943 appellant served as director of adult education and a Mr. Ruppel served as a part time principal of the evening high school. Otherwise, Holbrook's duties were the same as in the preceding year. Ruppel entered the armed forces in November, 1943, and appellant served as principal until February, 1944. Thereafter a Mr. Stone was principal of the evening high school until Ruppel's return on February 1, 1946. Ruppel testified that he has been a full time principal since his return; that appellant, as director of adult education, has been his immediate supervisor during all the time that he, Ruppel, has been principal.
Respondent board passed a resolution on May 13, 1943, that appellant 'be elected to devote three-fourths of his time as Business Manager and one-fourth of his time as Director of Adult Education for the school year 1943-1944,' the fourth consecutive year of appellant's employment in the school district. The following day the district superintendent sent a letter to appellant, stating:
Appellant's letter of June 3, directed to the board, accepted his appointment 'in accordance with your notice of May 14th.' Holbrook signed a formal contract on June 5, which stated (blanks filled in with underscored words and figures):
'You are hereby notified that at a meeting of the governing board of the Palo Alto Unified School district held May 27, 1943, you were elected to serve as one-fourth time as Director of Adult Education three fourths time as Business Manager (non-certificated) for the school year beginning July 1, 1943, and ending June 30, 1944.
'The following conditions of employment have been stipulated by the governing board and are hereby expressly made a part of this contract:
'1. Your annual salary for the school year in the above named position will be $4200.00 * * *
'4. You are hereby classified by this board as Three-fourths time as Business Manager (Non-Certificated a permanent one-fourth time as Director of Adult Education employee, subject to acceptance of this offer * * *'
A letter from the district superintendent read as follows:
'Enclosed is your offer of employment for the school year 1943-1944. Your assignment will be one-fourth time as Director of Adult Education for which you will be paid $1050.00 per year, and three-fourths time as Business Manager, for which you will be paid $3150.00 per year. This makes a total annual salary of $4200.00 * * *
Appellant's testimony was that when he received this contract he went to see the district superintendent and told the latter that 'the contract was not in harmony with the minutes in two respects: first, it says that the meeting was held on May 27th, when the meeting was held May 13th; and there was no authorization in the minutes for the Board to give me a contract that said only one-fourth permanent tenure, that I had understood that I had been elected to a full-time permanent position on May 13th * * * and he agreed with me, but he said that 'Your argument is that the contract is not important, anyway, if it doesn't...
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