23 N.Y.S. 473 | N.Y. Sup. Ct. | 1893
The relator was a principal in a public school of this city, and was removed from her place by a vote of three-fourths of all the members of the board of education, upon the recommendation of the city superintendent, for conduct unbecoming a teacher. Section 1042 of the New York city consolidation act of 1882 (chapter 410) provides as follow's:
“Any teacher may be removed by the board of education upon the recommendation of the city superintendent, or of a majority of the trustees for the ward, or of a majority of the inspectors for the district, but only by a vote of three-fourths of all the members of said board.”
This language, as applicable to a teacher, is so plain as to admit seemingly of but one construction. It is insisted, however, by the appellant that it does not apply to principals; but a reference to sections 1033, 1036, and 1038 of the consolidation act shows very clearly that principals are expressly included as teachers in all provisions of the statute relating to their appointment and removal. Section 1042, therefore, authorized the board of education by a three-fourths vote to remove a principal upon the recommendation of the city superintendent, and in the case of People v. Board of Education, 52 N. Y. Super. Ct. 520, it was held that such removal may be without cause asserted or shown, or opportunity to be heard -against the removal. The reasoning of that case, and the authorities referred to therein, justified the conclusion reached by that court in the construction.
The only serious question upon this appeal is as to the procedure of the board in acting upon the report of the committee. The committee on teachers, in their report to the board, after reciting the facts of the recommendation for removal, and the result of their deliberations, say: “Tour committee therefore submit for adoption the following resolution: ‘Resolved, that Miss Henrietta Fisk, principal of primary department Ho. 71, upon the recommendation of the city superintendent of schools, be, and she is hereby, removed.’” In executive session the president announced for consideration this report of the committee on teachers, and the return shows that, after some time spent in consideration of the report, “the president put the question whether the board would adopt said report, and it was decided in the affirmative,” more than three-fourths voting therefor. The appellant now insists that under the true construction to be given to section 1042 the vote should be a direct one, and that the mere adoption of the report did' not carry the resolution, and that, therefore, the resolution was not passed, and no direct vote was taken on the removal. As to the necessity for a direct vote, we find no