153 P. 482 | Or. | 1915
delivered the opinion of the court.
In the final analysis the decision of this controversy depends upon whether the school board possesses the right to enforce a rule which provides that the marriage of a woman teacher automatically terminates her “service with the district.” The question presented for determination necessarily involves a consideration of certain statutes, and for that reason it is proper first to direct attention to such legislative acts as may be applicable. In 1913 the legislature passed two measures, which became effective simultaneously on June 3, 1913. One act is known as Chapter 37 of the Laws of 1913, and the other is referred to as Chapter 172 of the Laws of 1913. The provisions of Chapter 37, so far as they may be of interest here, read thus:
“Section 1. The board of directors of every school district in this state now having or which at any time hereafter shall have a population of 20,000 or more persons shall have the power and authority to appoint and remove, hire and discharge all teachers, officers, agents and employees as it may deem necessary, and to fix their compensation. * #
“Sec. 3. The teachers employed in any such district or districts, during their first two years of service shall be classed as probationary teachers. * *
“Sec. 4. Teachers who have been employed in the schools in any such district or districts as regularly appointed teachers for not less than two successive*633 annual terms shall by the board of directors be placed upon the list of permanently employed teachers.
‘ ‘ Sec. 5. Teachers so placed upon such list shall not be subject to annual appointment, but shall continue to serve until dismissed or discontinued in the service by the board in the manner herein provided, subject to the rules of the board concerning suspensions, but such rules shall be reasonable and for the good of such schools. * *
“Sec. 6. Before being dismissed any teacher on the permanent list shall receive written notice, stating the reason for the proposed dismissal, together with a copy of any charges or complaints which may be filed against him or her, and upon written request filed with the clerk the teacher shall be entitled to and given a hearing before the board within ten days after said notice, with full benefit of witnesses and subpoenas issued in blank by and over the hand of the clerk therefor and the right to be represented by counsel. Of any such hearing such teacher and each member of the board shall have due notice not less than three days before the date set for the hearing, and such hearing may be continued from time to time on account of sickness or absence of material witnesses. * *
‘ ‘ Sec. 8. All complaints and criticisms made against any teacher on such list shall be in writing and signed by the person preferring the same and filed with the clerk of such board, and the same may be inspected at any time during office hours by such teacher or any other person. * #
“See. 10. All teachers who shall have been employed in such district or districts two or more years prior to the first day of July, 1913, shall be eligible to re-election as permanent teachers, and all such teachers who shall be re-elected for employment by the board for the school year beginning in September, 1913, shall be permanent teachers under the provisions of this act.
‘ ‘ Sec. 11. All acts and parts of acts in conflict herewith are hereby repealed. Provided, however, tha,t*634 all general laws of this state relating to public schools shall be applicable to districts under this act except in so far as the same may be in conflict with the provisions hereof.”
Chapter 172 in detail enumerates the duties and powers of district school boards, and among “the general duties of the district school boards of the State of Oregon” it is prescribed by Section 1, subdivision 22, that:
“The board shall dismiss teachers only for good cause shown, and in case the board shall pass an order to dismiss, the material reason therefor shall be spread upon the record by the district clerk.”
The contention of the defendants proceeds upon the theory that Section 1 of Chapter 37 confers upon the board the unrestricted power to discharge teachers “as it may deem necessary,” while the argument of plaintiff is founded upon the claim that Section 1 must be read in connection with all the provisions of that chapter, as well as ‘ ‘ all general laws of this state relating to public schools,” and that, when thus read, it will be ascertained that the power of the board to dismiss is limited to such causes as may be good or reasonable.
It is plain that the statute contemplates that the complaint or criticism or charge shall present some good cause or some reasonable cause for dismissal. If the board can dismiss for any cause, whether it be reasonable, capricious or whimsical, then a hearing would be an idle ceremony. Requiring a written complaint, making notice of the charge necessary, and providing for a hearing, all imply at least that the charge made and to be heard shall afford a reasonable cause for dismissal before the board can discharge a teacher, and the implication is emphasized when it is remembered that the main purpose of Chap
The conclusion that the dismissal must be for some reasonable cause is still ■ further strengthened by the terms of Section 5, which declares that teachers upon the permanent list shall continue to serve “until dismissed or discontinued in the service by the board in the manner herein provided, subject -to the rules of the board concerning suspensions, but such rules shall be reasonable and for the good of such schools.”
The meaning of the term ‘ ‘ suspensions ’ ’ may be doubtful. It may apply only to cases of temporary forced withdrawals, as where a teacher is temporarily relieved from service, or it may have a more comprehensive meaning and include, not only temporary releases, but also permanent dismissals. Whether the term be accorded the larger or the narrower meaning, the rules concerning such ‘ ‘ suspensions ’ ’ must be reasonable and for the good of the schools. If the rules mentioned in Section 5 include rules concerning dismissals, then we have the positive mandate of the law that such rules shall be reasonable; and, if the language of Section 5 is referable only to a temporary discontinuance of service, then the implication that the graver and more important act of dismissal must be founded upon some reasonable cause is made more manifest.
“All general laws of this state relating to public schools shall be applicable to districts under this act except in so far as the same may be in conflict with the provisions hereof.”
The views herein expressed might be sufficient to dispose of the instant case, but we prefer to proceed with the inquiry and determine whether the single fact of marriage can, in advance and alone, be said to be a reasonable cause for dismissal, keeping in mind all the while that the purpose of Chapter 37 is to provide permanent tenures for teachers. Efficiency and competency of teachers and the welfare of the schools are of course consummations “devoutly to be wished.” If a teacher becomes inefficient or fails to perform a duty, or does some act which of itself impairs usefulness, then a good or reasonable cause for dismissal would exist. The act of marriage, however, does not, of itself, furnish a reasonable cause. That the marriage status does not necessarily impair the competency of all
Some complaint is made of the form of denial appearing in the reply. While the form is not ideal, yet the denial in the instant case is not like the pleading in Kabat v. Moore, 48 Or. 195 (85 Pac. 506), bnt bears more of a resemblance to the pleading which was approved in Harrison v. Birrell, 58 Or. 410 (115 Pac. 141).
The judgment of the Circuit Court was correct, and it is affirmed.
Aepirmed.