The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-18
ENTITLED TO HER SALARY
Opinion In the Case of a
Teacher Dismissed With
out Cause.
INVALID ACT OF THE BOARD
Miss Jessie |. King VIII Be Paid for
the Time She Was Deprived
of Her Class.

City and County Attorney Creswell has
handed the Board of Education his opinion
in the case of Miss Jessie I. King. 1t is
very important opinion, and good many
similar cases hinge on it.
Charges of incompetency were preferred
against Miss King by her principal, and
she was cited to appear and make answer.
She declined to do so. Then charges of in
subordination were preferred against her.
She put in no defense, and was tried and
dismissed from the School Department.
Eight months later she was reinstated as a
regular teacher, and ordered to report for
regular duty. She at once put in claim
Tor back salary, on the ground that she
had always been ready and willing to
teach when called on, and had never been
legally dismissed from the department.
The Board of Education refused to allow
her bill, and referred the matter to City
and County Attorney Creswell for advice.
In summing up the points submitted to
him in the case Attorney Creswell said:
Section III of the rules of the Board of Edu-
cation provides that al complaints or charges
against teachers shall be duly specified in
writing, and that the committee to which such
complaint or charges shah be referred "shall
give the teacher or employe so charged fair
hearing" In the King case the only complaint
or charge was contained in the semi-annual re-
port of B. Dixon, principal of the Edison Pri-
mary School, filed in June, 1894, from which
1t would appear that Miss King was not sue
given to Miss King, and after some delay she
was finally notified that her case would be
heard by the Committee on Qualifications of
Teachers on November II, 1894. AT the time
appointed Miss King did not put in an appear
ance, but sent certificate from her physician
TO the effect that she was too i'll to be present.
The committee went on with the hearing in
her absence and took the testimony reported
to the board. From this testimony it appears
conclusiveIy that Miss King was tried for in
subordination, an offense with which she had
not been charged, and that no evidence what
ever was presented as to the charge of inetfi-
cheney contained in the report of the principal
OF the Edison Primary School. B. Dixon, the
principal of this school, was not called upon
to substantiate her report, and the testimony
OF Miss Smith, Mrs. Brogan and Mr.. Wade, the
only witnesses examined, while very strong
upon the question OF characterization, does not
touch upon the charge of inefficiency at all.
If the consideration of the matter be con-
fined to the charge of inefficieney there was
absolutely no testimony whatever before the
Board OF Education upon which they would be
justified in dismissing regular teacher; and
If the matter OF INSTRUMENTATION be considered
it appears that no written charge of insubor-
dination was ever made or filed against Miss
King; that she was not informed that she was
expected to answer to any such charge, and
consequently that no opportunity was given
her to collect and present testimony in her de-
tense. In other words Miss King was not given
'fair hearing" as required by the rules of
the Board of Education. The board itself
seems to have acknowledged this fact by rein
stating her.
1t has been necessary to consider fully the
matter of the attempted dismissal of Miss King
in order to answer your question as to her
salary. The order of dismissal made by the
predecessors IN Office of the present board be-
ing invalid did not sever her connection with
the School Department and could have no eff
feet upon her status as teacher other than to
prevent her from attending to her duties.
81 of the opinion that if Miss King has
been at all times since her attempted dismissal
ready and willing to perform her duties as a
teacher she should receive her salary during
the time she was prevented from performing
them by the invalid act of the Board of Educa-
ton.
Miss King will therefore be paid salary
for the full time she was deprived of her
class.