The San Francisco call., 1904-03-06
MAY NOT RAISE
CONTRIBUTION
Legislature Must Pass New
Act to Increase Payments
to Teachers Annuity Fund
LONG RENDERS OPINION
City Attorney Says Board
of Education Must Com
ply With the State Law

City Attorney Long yesterday rem
dered an opinion that it is not in the
power of the Board of Education TO
exact the payment from schoolteachers
of more, than $12 per year to be con-
tributed to the public schoolteachers'
annuity fund. Long says such con-
tributicn is in accord with an act of
the Legislature, which, however, by
another act could raise the amount TO
s24 in each school year II 1t so desired.
The opinion says: 81
The Board Of Education can legally devote
any portion Of a teachers salary to the an
nuity fund with the teachers consent, but no
greater amount than $l2 per year can be
withheld without the teachers consent.
You inquire Can the board make such order
such order I assume you mean an order
Withholding a portion OF a teachers selary. for
a raise of the teachers salary.
Subdivision Of section 1 of chapter III
Board of Edaestion TO employ such teach
ers and persons as may be necessary to carry
into effect its powers and duties; TO FIX
alter and approve their salaries and compensa-
ton and to withhold for good and sufficient
cause The whole or any part of the wages
salary CT compensation OF any person or per
sons employed aforesaid.
BOARD SOLE, JUDGE.
Under this grant Of power, which is in no
manner inconsistent with the general State
law. the Board of Education is the sole judgs
Of the amount which shall be paid for the
performance OF the services OF a teacher
which amount may be increased or decreased
as the board may determine The manner in
which this power is TO be exercised is de-
hned by subsequent provisions of the same
chapter, which make it necessary that the
board shall, in April of each year, furnish the
1t FtA tsvaf laf..E
should be set apart from the common school
fund TO the payment of teachers salaries (sub-
quired between the first and twenty first days
of May OF each year, to adopt a schedule
of salaries for the next ensuing fiscal year
for teachers and all employees Of the school
department" (sect!on A.
In May OF each year. therefore, the board
may increase the salaries Of teachers in such
amount it may elect but l know OF no
authority for the imposition OF any conditions
upon which such increase may be made to
depend. Certainly such increase can be
ordered upon the condition that the recipient
should pay a part or the whole Of the in
crease into a special fund. whether that fund
be established by law for the very worthy
object OF providing for the support OF retired
teachers or for less worthy object. AS we
hsv the limit of the amount which may
be retained from the salary OF a teacher,
without her consent, is $12 in each school year
(section 10 Of act Of 1909 statutes 1903. page
2TS). and this limitation is as applicable to
a salary which has been increased bY the
Board Of Education as ii is to the original
salary
POWER IN CHARTER.
The power granted by the charter ITO with
hold for good and sufficient cause the whole
any part of the wages salary or compensation
OF any person persons employed by the
board is not without its limitations, and, in
my opinion Is conferred for the sole purpose
of aiding in the imposition OF penalties and
fines for characterization. tardiness etc. COM
mitted by the teacher. 1t has no reference TO
the retention OF any part OF the salary of
teacher VINO has done his or her full duty
prOmDtiV and faithfully and in naturalization n
the rules and regulations OF the department
Certainly il was not intended to place in the
hands Of the Board of Education the disposi-
tion, without the teachers consent. of any
part of her salary for other than good and
salary part thereof to charitable purpose,
however worthy. is not within the intent Of
the section. When however, any portion OF
the salary Is withheld for good and sufficient
cause" /. e.. cause relating 10 the discipline
Of the department. one-half Of the amount
withheld must be paid into the annuity and
retirement fund in accordance with the pro-
visions Of section 10 Of the amendatory act of
MAY RAISE SALARIES.
1t results from the state Of the law that
the beard may increase the salaries of teach
ers in the preparation Of its schedule between
the first and twenty-first days Of May and
that it may by and with the consent of the
teacher withhold and pay into the annuity and
retirement fund as contribution thereto such
tribute After an anxious examination OF the
law with view to the relief of the fund.
am unable to reach any other conclusion con-
sistent with the law and the rights of the
teachers thereunder.
Finally you inquire Would State law be
operative in the city in such cases, II not al
loweble under the charter?''
What has been said in reply to your first
inquiry anticipates the answer to this. The
charter provisions effective in relation to
your department only so far as they not in
conflict with State law. II follows from this
that the State law is supreme. Since there
is in existence a valid State law establishing
the annuity and retiment fund. and providing
for the payment of $l2 in each school year out
CT the salary of each teacher subject TO its
burdens into that fund there would appear to
be no legal reason why the Legislature might
not raise that amount to $24 in such school
year. l. therefore, answer this question in