286 Mass. 21 | Mass. | 1934
The plaintiff brings this action of contract against the towns of Yarmouth, Dennis and Brewster to recover salary alleged to be due him under a contract of employment as supervisor of music in their schools. It comes before us upon his exception to an order directing a verdict for the defendants.
The material facts are as follows: Since 1903 the towns have been joined in a superintendency union under St. 1903, c. 299, and an order of the board of education, in accord with which they have employed a superintendent of schools whose salary was apportioned among the three towns. Since 1913 the joint committee has employed a supervisor of music, each town paying a proportionate part of the salary. In May, 1929, one Stacy was elected superintendent of schools for the union for three years. Stacy acts also as secretary of the school committee of Yarmouth. At the annual April meeting of the joint committee for the three towns it voted “that the matter of teachers of Art and Music be left with Mr. Stacy for investigation and a report be made to the several committees at a .later date.” The plaintiff’s name was suggested to the superintendent; and under date of June 18, 1931, Stacy wrote to him: “You may have the appointment as Music Supervisor in this district at the sum stated in our interview last Saturday, namely $1,600 per year,” signing as “Superintendent of Schools.”' Stacy reported his selection of the plaintiff to the school committee of Yarmouth at one of its regular meetings, and orally made report to the school committees of Dennis and Brewster, before the beginning of the school year in September, 1931. Under date of September 1, 1931, Stacy notified the plaintiff: “You have been e^ec*ed a regU¡ar teacher in the public schools of Yarmouth, Dennis & Brewster for the
We cannot yield to the plaintiff's contention that a contract was made with him binding upon the defendants, followed by an illegal breach. The record is bare of any election of the plaintiff as a teacher by the joint board or the several school committees of Dennis and Brewster; while there is nothing more than the letter of Stacy under date of September 1, 1931, to show action in electing or appointing the plaintiff by the school committee of Yarmouth. If we were to assume that he ever was regularly elected a teacher, he would still be unable to show wrongful action in his discharge. It has long been the law that a school committee could discharge a teacher at any time. St. 1844, c. 32. Knowles v. Boston, 12 Gray, 339. The changes made by statute in securing permanency of tenure and requiring certain procedure for a valid discharge relate only to teachers who are “on tenure,” and do not apply to one employed for a single year. G. L. (Ter. Ed.) c. 71, §§ 41, 42. Duffey v. School Committee of Hopkinton, 236 Mass. 5. The plaintiff is not within the protection of those statutes. He could properly.be discharged at the will of the committees.
Moreover, this plaintiff never had a valid contract of employment. The powers and duties of a superintendency union as fixed by statute, now G. L. (Ter. Ed.) c. 71, §§ 61-67, 53A, 53B, do not extend to the election of teachers. Other than to employ a superintendent, such a union has power to employ only school physicians and school nurses. St. 1921, c. 357 (now G. L. [Ter. Ed.] c. 71, § 53A). The union clearly could not endow the superintendent with a power which it did not itself possess. Nor could the several school committees of Yarmouth, Dennis and Brewster bind their towns by a joint contract. No such authority is granted to them. In employing and in fixing compensation of teachers each town committee must act independently.
The plaintiff rendered no service after December 31,1931, and we need not consider whether, had he done so and the
Exceptions overruled.