Knox County v. State ex rel. Nighbert

• Decision Date: 18 December 1940
• Citation: 147 S.W.2d 100,177 Tenn. 171
• Parties: KNOX COUNTY et al. v. STATE ex rel. NIGHBERT.
• Court: Tennessee Supreme Court

147 S.W.2d 100

177 Tenn. 171

KNOX COUNTY et al. v. STATE ex rel. NIGHBERT.

Supreme Court of Tennessee.

December 18, 1940

Error to Circuit Court, Knox County; L. H. Carlock, Judge.

Mandamus proceeding by the State of Tennessee, on the relation of Pauline Bartlett Nighbert, against Knox County and others. From an adverse decree, defendants bring error.

Affirmed and remanded.

Chas G. Kelly, of Knoxville, for plaintiffs in error.

S. E Hodges, of Knoxville, for defendant in error.

DeHAVEN Justice.

This is a mandamus suit. The relator, Pauline Bartlett Nighbert filed her petition in the circuit court of Knox County seeking to compel the Knox County Board of Education and Knox County to restore her to her position as teacher in the public schools of the county, from which position she avers she was illegally discharged because of her marriage and in violation of her rights under Chapter 18, Private Acts 1937, Third Extra Session, known as the "Teachers Tenure Act," and in violation of section 2325(10) of the Code of Tennessee. Defendants made answer to the petition attacking the constitutionality of said act, upon the grounds that it was violative of section 8 of Article 1 and section 8 of Article 11 of the constitution of Tennessee, and asserting that section 2325(10) of the Code did not cover all the grounds for which a teacher might be discharged.

The case was tried upon a written stipulation of facts. It appears therefrom, among other things, that relator was employed as a teacher by the County Board of Education for the school years 1936-1937, 1937-1938, 1938-1939, and was again elected, on June 4, 1939, to teach school for the year 1939-1940. That on June 24, 1939, relator was married to James Nighbert, with whom she has continued to live ever since. That shortly after her marriage relator went to certain members of the Board of Education and to the Superintendent of Schools and made inquiry of them if she would be allowed to teach in the public schools of the county and was advised by them that she would not be permitted to teach because of her marriage; that the Board had nothing against her qualifications as a teacher except the fact of her marriage. That the Board furnished her no contract and she signed none for the year 1939-1940; but the Board and Superintendent declined to allow her to teach because she was married. That no charges were ever preferred against her.

It was further stipulated that the regulation of the Board dated April 11, 1928, should be treated as evidence. This regulation was as follows:

"Resolved that the Knox County Board of Education not employ any lady teacher that has married during the school year, or any lady teacher that is to marry during vacation and that if a lady teacher marries after she signs her contract to teach, she forfeits her contract and is automatically released."

The trial judge sustained the validity of the Private Act in question, held the relator had been wrongfully discharged by the Board of Education, and ordered her reinstated as a teacher. From this decree, defendants have appealed to this court and assigned errors.

It is complained by certain of the assignments of error that Chapter 18, Private Acts 1937, Third Extra Session, violates section 8, Article 1, of the constitution of this state, because the same undertakes to impose limitations, restrictions, duties, responsibilities and burdens on Knox County and the Knox County Board of Education other and different from those imposed by the general laws of the State. Also, that the act is violative of section 8, Article 11, of the constitution of this State because it undertakes to grant to the teachers referred to therein, privileges and immunities in their private relations, other than those conferred by the general laws of the State.

The act in question on a population basis is applicable alone to Knox County. It is a civil service or permanent tenure act. It is provided by section 1 of the act, "that no persons occupying the positions of principals, teachers, or supervisors shall be deemed to be under civil service or permanent tenure unless they have been employed by the Board of Education *** for the third year from the time of their appointment or employment."

Section 2 of the act provides:

"That neither the Board of Education, nor any member thereof, nor the Superintendent of Schools, nor any other official of the Board or Department of Education ***, shall have any right to dismiss, discharge, demote or change any employee made subject to civil service or permanent tenure by the provisions of this Act, *** unless and until charges as specified herein shall have first been filed and sustained against such employee in the manner hereinafter provided," etc.

Provision is made in section 2, however, to cover a situation where there exists a surplus of employees and provides the manner in which the number shall be reduced.

Section 3 of the act, in part, is as follows:

"Sec. 3. Be it further enacted, That employees under civil service or permanent tenure by the provisions of this Act may be suspended, discharged from service, demoted or fined not exceeding an amount equal to one-twelth of one month's salary, upon conviction of any crime, or for inefficiency, incompetency, neglect of duty, use of narcotics or intoxicating liquors, insubordination, immorality, conduct unbecoming to their profession, failure or refusal to pay his or her taxes, or failure or refusal to pay his or her honest debts."

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