STATE, EX REL. J. H. BONNER, CORNELIUS RICHARDSON, E. E. N. WALLACE, AS AND CONSTITUTING THE TRUSTEES OF SPECIAL SCHOOL TAX DISTRICT NO. 9, PALM BEACH COUNTY, FLORIDA, AND GEORGE M. SAMPSON,
v.
J. C. ENGRAM, CECIL CORNELIUS AND A. HOWELL, AS AND CONSTITUTING THE COUNTY BOARD OF PUBLIC INSTRUCTION OF PALM BEACH COUNTY

Fla. | 1936-06-11
Whitfield, C. J., and Brown, J., concur., Ellis, P. J., and Terrell and Buford, J. J., concur in the opinion and judgment.
124 Fla. 516 Florida Supreme Court (1936) Negative Treatment
Also reported at: 168 So. 837
Cited by 6 cases

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Synopsis

The Florida Supreme Court affirmed the denial of mandamus to compel a county school board to employ a teacher recommended by special school district trustees. The court held that the school board had the discretion to reject a teacher recommendation based on concerns about the candidate's personality, attitude, and potential negative influence on the school community, even if the candidate was otherwise academically qualified.


Holding

The court held that the county school board has discretion to reject a teacher recommendation based on legitimate concerns about the candidate's personality, attitude, and potential influence on the school community. The school board's good faith judgment that the recommended teacher was not an acceptable appointee for the particular school, supported by evidence of concerns about the candidate's attitude and influence, is sufficient to sustain rejection of the trustees' recommendation.


Key Quotes

“The return avers, and the motion for a peremptory writ of mandamus admits to be true, the positive allegation of the return of the respondents, members of the County School Board, that upon investigation the Board had learned, and it was their bona fide opinion and judgment, that the relator trustees were insisting upon the appointment of the recommended teacher as a step toward undermining the already employed principal of the particular school in question in this case; also that the teacher recommended by the trustees was, in the judgment of the school board, because of his personality and attitude as a teacher, although academically and otherwise qualified to teach, not an acceptable appointee for the particular school.”

Establishes that the school board may reject a teacher recommendation based on concerns about personality and attitude, even when the candidate is academically qualified.

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Facts & Procedural History

The Trustees of Special Tax School District No. 9 in Palm Beach County recommended George M. Sampson for a teaching position at Industrial High School…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court
Davis, J.

Davis, J.

The judgment in this case refusing a peremptory writ of mandamus to compel a County Board of Public Instruction to employ a teacher recommended by *517the Trustees of Special Tax School District No. 9 of Palm Beach County has been reviewed and found not to be based on any legal views inconsistent with the principles of law established in State, ex rel. Pittman, v. Barker, 113 Fla. 865, 152 Sou. Rep. 682, and State, ex rel. Pittman, v. Barker, 118 Fla. 380, 160 Sou. Rep. 362.

The return avers, and the motion for a peremptory writ of mandamus admits to be true, the positive allegation of the return of the respondents, members of the County School Board, that upon investigation the Board had learned, and it was their bona fide opinion and judgment, that the relator trustees were insisting upon the appointment of the recommended teacher as a step toward undermining the already employed principal of the particular school in question in this case; also that the teacher recommended by the trustees was, in the judgment of the school board, because of his personality and attitude as a teacher, although academically and otherwise qualified to teach, not an acceptable appointee for the particular school. It is furthermore inferable from the proceedings that this was an original recommendation for appointment and not one recommending reappointment of a teacher where a proven teaching record of past performance might cast a greater responsibility on the county board to sustain a rejection of the trustee’s recommendation than would otherwise be the case. .

The alternative writ shows a minute entry of the Palm Beach County Board of Public Instruction reading as follows:

“On motion of Mr. Cornelius, seconded by Mr. Howell, recommendation of Trustees of District No. 9 for the appointment of G. M. Sampson to teach in the Industrial High School was not accepted, the Board being convinced that the *518appointment of Sampson would bring an influence into the community that would be detrimental to the progress and beSt interest of the community. This conviction was supported by the following letters from D. E. Williams, State Agent for Negro Schools, and Mr. Fons A. Hathaway, former Superintendent of Public Instruction in Duval County:
“Federal Housing Administration
Jacksonville, Florida, August 5, 1935.
“Mr. Joe A. Youngblood, Supt.
The Board of Public Instruction
Palm Beach County,
West Palm Beach, Florida.
“My dear Mr. Youngblood:
“Acknowledging receipt of your inquiry of July 23 with reference to George M. Simpson; will state that this party was employed to fill the position of Principal of Staunton High School here in Jacksonville with my recommendation some years ago.
“Sampson was reared and educated in the North. We did not like his attitude and unless he has learned something since he taught in Jacksonville, I am sure you would not want him in your school system.
“Yours truly,
“Fons A. Hathaway, State Director.”
“FAH :v.”
*519“State of Florida
Department of Public Instruction
Tallahassee, July 25, 1935.
“Mr. Joe A. Youngblood
County Superintendent
Public Instruction
West Palm Beach, Florida.
“Dear Mr. Youngblood:
“I had received a letter from Prof. George M. Sampson, asking me to recommend him for a position. I did not send him a letter of recommendation for the reason that such recommendations are usually worthless and sometimes mishandled. I told him that I would say a good word for him to superintendents considering him for a special job. In view of all of the conditions that enter into the consideration of him for a position in Industrial High School I think it would be unwise to employ him in the capacity of Instructor there, and I cannot recommend him for a position there. With best wishes, I am
“Cordially yours,
“D. E. Willams, State Agent.”
“DEW :GS”

Such entry, especially when read in connection with the allegations of respondents’ return that the motion for peremptory writ of mandamus admits to be true, is ample to sustain the action of the Circuit Court in refusing to interfere with the judgment of the County Schoool Board in rejecting the nomination of the Trustees of Special Tax School District No. 9.as to the teacher, G. M. Sampson.

Affirmed.

Whitfield, C. J., and Brown, J., concur.

Ellis, P. J., and Terrell and Buford, J. J., concur in the opinion and judgment.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • State ex rel. Peterman v. Adams, 65 So. 2d 564 (Fla. 1953)
    …. 865, 152 So. 682, 94 A.L.R. 1481; State ex rel. Waldron v. Wilkinson, 117 Fla. 463, 158 So. 703; State ex rel. Carter v. Platt, 131 Fla. 240, 179 So. 408; State ex rel. Kelley v. Golson, 153 Fla. 469, 14 So. 2d 793; State ex rel. Bonner v. Engram, 124 Fla. 516, 168 So. 837. There is no merit to the contention that the Duval County Teachers Tenure Act, Chapter 21197, Acts of 1941 controls the case. Section 231.35, Florida Statutes 1951, F.S.A., is the controlling law. Affirmed. ROBERTS, C. J., and TE…
  • Graves v. State, 134 Fla. 543 (Fla. 1938)
    …uction was within its rights in rejecting the nomination on good cause shown and partiality shown to her pupils and the lack of cooperation with the members of the faculty and others brought the case squarely within State, ex rel. Bonner, v. Engram, 124 Fla. 516, 168 So. 837. We cannot agree with learned counsel on this [*547] conclusion. While the alternative writ directs “the reappointment and to contract with Miss Hampton,” the evidence shows that she had formerly been engaged as a teacher in the same sc…

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