Malloy v. Bd. of Educ. of City of San Jose

Citations

• 102 Cal. 642
• 36 P. 948
• 1894 Cal. LEXIS 701

Syllabus

<p>Board of Education—Power to Enact Rules—Statutory Quorum.— Where the statute provides that a majority of the hoard of education shall constitute a quorum for the transaction of business, and that the board may enact rules for the conduct of its own proceedings, the authority given it to enact such rules does not authorize it to overthrow or change the rule declared by the statute, that a majority of the board shall constitute a quorum.</p> <p>Id.—Authority to Employ Teachers—Contract—Mutual Assent.—. The authority given to a board of education to employ teachers entitles them to contract with suitable persons to engage in the work of teaching in the public schools of the city for a fixed salary or compensation; and the employment implies a contract on the part of the employer to hire, and on the part of the employee to perform, services, and until such a contract is mutually entered into, it can have no binding obligation upon either party.</p> <p>Id.—Ballot For Teacher—Offer of Employment—Revocation Before Acceptance.—The mere balloting by the majority of a quorum of the board of education for a teacher does not constitute an employment of the teacher, but amounts only to an offer of employment, which the board has a right to revoke or cancel at any time before acceptance.</p> <p>Id.—Effect of Refusal to Declare Election — Mandamus.—When the board, after taking a ballot in favor of the employment of a teacher, refuse then and there to declare the teacher elected, it in effect revoked and canceled the offer, and left nothing thereafter for the teacher to accept; and a writ of mandate will not lie to compel the board to declare such teacher elected.</p>