Whitney v. Rural Independent School Dist. 4 of Lafayette Tp.

• Decision Date: 16 June 1942
• Docket Number: 45983.
• Citation: 4 N.W.2d 394,232 Iowa 61
• Parties: WHITNEY v. RURAL INDEPENDENT SCHOOL DIST. NO. 4 OF LAFAYETTE TP. et al.
• Court: Iowa Supreme Court

4 N.W.2d 394

232 Iowa 61

WHITNEY v. RURAL INDEPENDENT SCHOOL DIST. NO. 4 OF LAFAYETTE TP. et al.

No. 45983.

Supreme Court of Iowa

June 16, 1942

Oliver J. Reeve, of Waverly, for appellants.

Sweet & Sager, of Waverly, for appellee.

MITCHELL Justice.

The facts in this case have been stipulated. Evelyn M. Whitney on or about the 14th day of November 1939 entered into a written contract with the Board of Directors of the Rural Independent School District No. 4 of Lafayette Township, Bremer County, Iowa, to teach the country school of that district for the winter and spring term at an agreed price of $60 per month. That on the 3d day of April 1940 at about 10:30 A. M., the same being during the forenoon recess of said school, one of the pupils attending the rural independent school district of Lafayette Township carelessly threw a hard piece of rubber across the schoolroom, the same being a part of the wheel of a toy tractor. That the wheel of the toy tractor which was thrown by the student struck the glasses worn by the said Evelyn M. Whitney and also her left eye injuring same. That it was further agreed that the uncorrected vision (vision without glasses) of the left eye of Evelyn M. Whitney prior to the injury was 87% but that with the aid of glasses her vision in the left eye was increased to 97% of normal. That it was agreed between the parties that if Dr. F. H. Reuling of Waterloo, Iowa, were placed on the stand, that he would testify that there was a linear horizontal scar five millimeters in length and one millimeter in width on the cornea extending across the lower one-quarter of the pupil area of the left eye and that it was his opinion it was a permanent injury with a 40% loss of vision in the left eye. That Dr. R. E. Robinson, if he were placed on the stand, would testify in regard to the scar and that she has a loss of vision amounting to 50% of a normal seeing eye. That the use of glasses will not improve her vision in the left eye. That there was no injury to the right eye and that she is entitled to no compensation for said right eye. That the Rural Independent School District No. 4 of Lafayette Township is a school corporation existing by virtue of the statutes of the State of Iowa and that John Remley, August Ruth and Louis Graeser are the duly elected qualified and now acting members of the Board of Directors of said district. That Evelyn M. Whitney is a minor, about 19 years of age, and this action is brought by Samuel L Whitney, her father and next friend.

That the Deputy Industrial Commissioner, sitting as a board of arbitration, held that the claimant was entitled to compensation in the sum of $486.25 and interest thereon as provided by Section 1391 of the 1939 Code of Iowa in the sum of $26.79, making a total claim of $513.04. That the claimant was an employe of the school district and the relationship between Evelyn M. Whitney and the school district was contractual and that of employe and employer. That the claimant at the time of her said injury was not a person holding an official position or standing in a representative capacity of the employer nor was she an official elected or appointed by the defendant school board and school district. That claimant sustained a permanent partial disability equal to a 46.8% loss of vision in her left eye and was entitled to weekly compensation benefits for a period of 46.8 weeks.

The Industrial Commissioner on Review affirmed the award and decision of the Deputy Industrial Commissioner sitting as a Board of Arbitration.

The case was then appealed to the District Court of the State of Iowa in and for Bremer County and that court affirmed the decision of the Industrial Commissioner. The Rural Independent School District No. 4 of Lafayette Township being dissatisfied, has appealed to this court.

In a very able and elaborate brief the school district urges that the lower court erred in finding that claimant was not acting in an official position or standing in a representative capacity within the meaning of the law. Section 1362 of the 1939 Code of Iowa provides as follows: "Compulsory when. Where the state, county, municipal corporation, school district, or city under any form of government is the employer, the provisions of this chapter for the payment of compensation and amount thereof for an injury sustained by an employee of such employer shall be exclusive, compulsory, and obligatory upon both employer and employee, except as otherwise provided in section 1361."

The only question which we are confronted with here is the status of Evelyn M. Whitney under the compensation act and particularly under Code section 1421. The material parts of Section 1421 of the 1939 Code of Iowa are as follows:

"Definitions. In this and chapters 71 and 72, unless the context otherwise requires, the following definitions of terms shall prevail:

"1. 'Employer' includes and applies to any person, firm, association, or corporation * * *.

"2. 'Workman' or 'employee' means a person who has entered into the employment of, or works under contract of service, express or implied, or apprenticeship, for an employer, except as hereinafter specified.

"3. The following persons shall not be deemed 'workmen' or 'employees': * * *

"d. A person holding an official position, or standing in a representative capacity of the employer, or an official elected or appointed by the state, county, school district, municipal corporation, city under special charter or commission form of government." Section 4125 of the 1939 Code of Iowa provides that the affairs of each school corporation shall be conducted by a board of directors. Section 4228 of the 1939 Code provides, among other things, that the board "shall elect all teachers and make all contracts necessary or proper for exercising the powers granted and performing the duties required by law."

Section 4229 of the 1939 Code provides as follows: "Contracts with teachers. Contracts with teachers must be in writing, and shall state the length of time the school is to be taught, the compensation per week of five days, or month of four weeks, and that the same shall be invalid if the teacher is under contract with another board of directors in the state of Iowa to teach covering the same period of time, until such contract shall have been released, and such other matters as may be agreed upon, which may include employment for a term not exceeding the ensuing school year, except as otherwise authorized, and payment by the calendar or school month, signed by the president and teacher, and shall be filed with the secretary before the teacher enters upon performance of the contract but no such contract shall be entered into with any teacher for the ensuing year or any part thereof until after the organization of the board."

Section 4237 of the 1939 Code provides as follows: "Discharge of teacher. The board may, by a majority vote, discharge any teacher for incompetency, inattention to duty, partiality, or any good cause, after a full and fair investigation made at a meeting of the board held for that purpose, at which the teacher shall be permitted to be present and make defense, allowing him a reasonable time therefor."

Section 4336 of the 1939 Code of Iowa provides as follows: "Qualifications--compensation prohibited. No person shall be employed as a teacher in a common school which is to receive its distributive share of the school fund without having a certificate of qualification given by the county superintendent of the county in which the school is situated, or a certificate or diploma issued by some other officer duly authorized by law. * * *"

Section 4339 of the 1939 Code of Iowa provides as follows: "Daily register. Each teacher shall keep a daily register which shall correctly exhibit the name or number of the school, the district and county in which it is located, the day of the week, month, year, and the name, age, and attendance of each scholar, and the branches taught; and when scholars reside in different districts separate registers shall be kept for each district, and a certified copy of the register shall, immediately at the close of the school, be filed by the teacher in the office of the secretary of the board."

Section 4340 of the 1939 Code of Iowa provides as follows: "Reports. The teacher shall file with the county superintendent such reports and in such manner as he may require."

The question which we have to decide is whether or not Miss Whitney, who was elected by the school board of the Rural Independent School District No. 4 of Lafayette Township, as a schoolteacher to instruct the pupils of the district, is holding an official position or stands in a representative capacity of and for the school district within the meaning of the law, or whether or not the relationship of employer and employe exists. We shall first consider whether she stands in an official position or not. In the case of State of Iowa v Spaulding, 102 Iowa 639, 72 N.W. 288, there will be found a collection of definitions given by courts and textwriters as to what in law constitutes a public officer. It covers several pages but we shall not repeat it here but to those interested in this question, call it to their attention. We quote from page 647 of that opinion in 102 Iowa, page 290 of 72 N.W.: "From all the authorities, we think the following rules may properly be laid down for determining whether one is a public officer, within the contemplation of our statute, relating to embezzlement of such officers (Code 1873, § 3908): (1) The office itself must be created by the constitution of the state, or authorized by statute. (2) If authorized by statute, its creation may be by direct legislative act; or the law making power, when not...