THE STATE OF FLORIDA, EX REL. J. T. KELLEY,
v.
F. M. GOLSON, CHAIRMAN, MIXON COOPER AND H. D. HAGLER, AS AND CONSTITUTING THE BOARD OF PUBLIC INSTRUCTION FOR JACKSON COUNTY, FLORIDA
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The Florida Supreme Court held that a school board must comply with the nomination of a supervising principal by trustees of a special tax school district if the nomination was made in substantial compliance with applicable regulations and was not rejected for good cause. The court reversed the trial court's dismissal of the relator's mandamus petition.
The Board of Public Instruction must comply with the trustees' nomination if it was made in substantial compliance with statutory requirements regarding time and manner, and the nomination can be rejected only for good cause. The trial court's dismissal of the mandamus petition was reversed with directions to grant the peremptory writ of mandamus.
“we construed Section 10 of Article XII of the Constitution to give the trustees of Special Tax School Districts supervision of all schools within the district. We further said that the school code evidences no purpose to abrogate the general power of the trustees to nominate teachers in such districts.”
Establishes the constitutional basis for trustee nomination power and the court's interpretation that statutes do not eliminate this power.
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Join FLexlaw to unlock all legal intelligenceJ. T. Kelley served as supervising principal of Marianna Public Schools for four years. In 1943, the trustees of Special Tax School District Number On…
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The trustees of Special Tax School District Number One Jackson County nominated J. T. Kelley to the Board of Public Instruction for appointment as supervising principal of Marianna Public Schools for the 1943-1944 school term, he having been such principal for the four years preceding. The Board of Public Instruction rejected the nomination of the trustees and appointed A. J. Stephens to the position.
On petition of J. T. Kelley alternative writ of mandamus was directed to the Board of Public Instruction of Jackson County directing it to comply with the nomination of the Trustees or to show cause why they refuse so to do. A return to the alternative writ alleged that the nomination of J. T. Kelley was not submitted in compliance with the regulations of the Board of Public Instruction and that for this and other reasons it was a nullity which the Board was not bound by. Evidence on this point was taken and considered, after which motion of respondents to quash the writ was granted. Relator appealed.
In Board of Public Instruction for Manatee County v. State, 148 Fla. 57, 3 So. (2nd) 707, we construed Section 10 of Article XII of the Constitution to give the trustees of Special Tax School Districts supervision of all schools within the district. We further said that the school code evidences no purpose to abrogate the general power of the trustees to nominate teachers in such districts. The power to nominate teachers is a supervisory power and while the law may impose reasonable regulations as to time and manner of making nominations any such regulation as tends to destroy the constitutional power of the trustees will not be enforced.
Section 231.35 and various parts of Section 230, Florida Statutes of 1941, place limitations on the power of the trustees of special tax districts to nominate teachers but in so far as the time and manner of the nomination' is concerned, they were substantially complied with in this case and being true, the nomination can be rejected only for good cause as specified in State, ex rel. Pittman v. Barker, 113 Fla. 865, 152 So. 682; see also same styled cause in 118 Fla. 380, 160 So. 362.
*471The nomination of the trustees in this case having been made in substantial compliance with law and is not shown to have been rejected for good cause, the judgment appealed from is reversed with directions to grant the peremptory writ of mandamus.
It is so ordered.
BUFORD, C. J., CHAPMAN and ADAMS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State ex rel. Peterman v. Adams, 65 So. 2d 564 (Fla. 1953)…rmed on authority of State ex rel. Pittman v. Barker, 113 Fla. 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.,…
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Ozell von Stephens v. The Sch. Bd. OF Sarasota Cnty., 338 So. 2d 890 (Fla. 2d DCA 1976)…ndamus is the proper remedy to compel a school board to appoint the person nominated, and it is well established that mandamus will issue solely to enforce the performance of a clear ministerial duty or function. State ex rel. Kelly v. Golson, 1943, 153 Fla. 469, 14 So. 2d 793; 21 Fla.Jur., Mandamus § 33 (1958, Supp.1976). We hold that the actions complained of in the instant case are not quasi-judicial and that appellant properly brought this action in the circuit court. The Board contended that the Super…1 / 2
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State Ex Rel. Lawson v. Cherry, 47 So.2d 768 (Fla. 1950)…nce to the matter of nominating teachers for the public schools. This court has consistently held that the power to select and nominate teachers for the public schools is vested in the trustees. State ex rel. Kelley v. Golson et al. 153 Fla. 469, 14 So. 2d 793; Board of Public Instruction for St. Lucie County v. Conner, 148 Fla. 364, 4 So. 2d 382; State ex rel. Altman v. Arnold, 140 Fla. 80, 191 So. 71; State ex rel. Pittman v. Barker, 118 Fla. 380, 160 So. 362; Armistead et al. v. State ex rel. Smyth,…
Authorities Cited
- State v. Barker, 113 Fla. 865 (Fla. 1934)
- State v. Barker, 118 Fla. 380 (Fla. 1935)
- The Bd. of Pub. Instruction for the Cnty. of Manatee v. State of Fla. ex rel. Trs. of Sch. Dist. No. 16 of Manatee Cnty., 148 Fla. 57 (Fla. 1941)