140 Ky. 520 | Ky. Ct. App. | 1910
Opinion of the Court by
Affirming.
In September, 1909, the anpellee was elected b3T the board of educational division No. 4 of McCracken county to teacli the fourth grade in Lone Oak school for six months beginning on the 16th of September, 1909. Her election was made to fill a vacancy in the corps of teachers that occurred on September 15, 1909.
The appellant Davis was chairman of the board, and as he refused to sign the contract made by the educational division with appellee she brought this suit against him and prayed that a writ of mandamus be issued, commanding Davis as chairman to sign the contract.
The court heard the application for a mandamus, issued the writ and Davis appeals.
The petition as amended averred in substaneé that the appellee who sued by her next friend was under twenty-one years of age,‘that she had a first-class certificate authorizing her to teach school in the common and graded schools of Kentucky, and that on the 16th of September, 1909, she was duly elected and chosen by the board of educational division No. 4 of McCracken county to teach the fourth grade in the school at Lone Oak for six months beginning on the 16th of September, 1909. The appellant, as chairman of the board, wrongfully and in violation of his duties refused to sign the contract between herself and the board, that was prepared by the secretary, and refused to permit her to teach, and threatened to and would ignore her as a teacher.
The educational Division of District No. 4 is composed of eight persons. This board held a meeting on September 13th, for the purpose of electing a teacher, and four of the members voted for appellee and four for a Miss Browning. This resulted in a tie, and under section 4426a, of the Kentucky Statutes, the county superintendent of schools, who is .ex officio a member of each educational division board, has the'right to cast the deciding vote. "W. A. Middleton, who had recently been appointed county superintendent of schools of McCracken county was present at this meeting and was requested to cast the deciding vote, but he declined to do so,- stating that he had not then executed his official bond but that as soon as his bond was executed and accepted he would make a decision. On September 16th he executed his official bond, and on the same day notified in writing the secretary of the educational division board that he cast his vote in favor of appellee, and accordingly declared her elected as teacher, and directed the 'appellant Davis and R. H. Potter, as chairman and secretary of the board to preparo a contract in the manner prescribed by law, sign.the same, and have appellee sign it. This
The common school law provides that a certificate to teach shall not be issued to an applicant under eighteen years of age, but it was not necessary that appellee should allege in her petition that she was over eighteen years of age. The fact that she had a certificate to teach, from the persons authorized to issue certificates, was presumptive evidence that she possessed all the qualifications necessary to teach, and the board that elected her had the right to and did so assume. Having obtained in a fair and proper way a certificate to teach, the question as to her eligibility had no place in this proceeding to compel appellant to sign her contract.
It is true that no person without a certificate to teach is eligible to the position of teacher in a common school, but when the applicant presents to the board having authority to employ teachers a certificate issued in due form by the persons invested with power and authority to issue certificates, the board in order to come, within the law in the employment of teachers need not inquire into the eligibility of the applicant. Upon this point they may safely depend upon the fact that the applicant is in the possession of a certificate that entitles him to teach in a common school in this state.
Sections 4445 of the Kentucky Statutes provides in part that, the trustees, now the board of education, shall agree with the teacher who is employed as to the compensation to be paid, and in Mingo v. Trustees, 113 Ky. 475, it was held that a contract failing to provide the compensation that the teacher should receive was not
The question is further made that the employment of teachers can only be made at a regular or called meeting of the board, that it is under the law a body politic and corporate, and can only perform functions belonging to it in a corporate capacity at meetings of the board when a quorum is present. With this statement of the law applicable, we do not find any fault. In fact, it is so written in sub-section 6 of section 4426a of the Kentucky Statutes, where is it stated that:
■ “It shall be the dutv of tlie division board of trustees in each educational division to elect one or more teachers for each school in such educational district except as hereinafter provided. A majority of the members of such division board shall be necessary to the election of any teacher for services in any sub-district. * * * The division board in each educational division shall meet for the consideration of applications and the ^ election of teachers .on the last Saturday in June following the election of trustees. * *
“The county superintendent of schools shall meet the trustees so elected from the various school sub-districts of each educational division at some point to be designated by him within such educational division within thirty days after the- date of their election, proper notice having been given in writing to each trustee as to the time and place of such meeting for the purpose of organizing -the trustees so elected into a division board of school trustees by choosing one of said trustees to be chairman and one to be secretary of said division board. The county superintendent of schools shall he a member of such division board of his county, but shall only vote upon any- matter in case of a .tie vote, and then he shall cast the deciding vote. * * *”
It will be observed that the statute provides that the county superintendent shall be present at the meeting at which -the board is organized but we do not think it was contemplated or intended that he should be present at each subsequent meeting of these division boards, although he may be present if he desires and take part in the proceedings, except that he cannot vote unless there is a tie. The board, if a majority is present, can transact business and elect teachers. If a majority of the board is present, and there is a tie vote in the election of a ■teacher, then the county superintendent may vote to break the tie, and make an election. If he is present at a meeting when there is a tie, his vote becomes necessary, and he may. of course then vote, but if he is not present
The questions considered are the chief points relied on for reversal, but they are not sufficient to warrant us in disturbing the judgment, and so it is affirmed.