(Download) "State Ex Rel. Keeney v. Ayers" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Keeney v. Ayers
- Author : Supreme Court of Montana
- Release Date : January 17, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Mandamus ? Colleges and Universities ? Status of Professor at State University After Three Years of Service That of Permanent Appointee ? Regulations of State Board of Education Part of Contract of Employment and have Force of Law ? After Execution of Fourth Contract Board Without Power to Strike Regulation as to Tenure of Appointee. Colleges and Universities ? Tenure of Professor at University ? Reappointment After Three Years Service is Permanent Appointment. 1. In a mandamus proceeding to compel the State Board of Education and the president of the State University to reinstate petitioner as a professor at the university, held, that under a regulation of the defendant state board providing that reappointment of a professor after three years of service shall be deemed a permanent appointment, reappointment of petitioners after such years of service was a permanent appointment, notwithstanding each of such renewal contracts was for one year only. Same ? Regulations of State Board of Education Relative to Tenure of Teaching Staff Held Valid. 2. The regulation of the State Board of Education above referred to, and under which the board had functioned for some twenty-one years, held valid and clearly within its authority under section 11, Article XI of the Constitution, and section 853 of the Revised Codes. Same ? Regulations of State Board of Education Just Referred to Part of Contract of Employment of Professor. 3. Where each contract of employment entered into between the State Board of Education and a member of the teaching staff of the State University expressly recited that it was subject to the regulations of the board governing tenure "printed on the reverse side of this sheet," the board was not in a position to contend that the regulations - Page 548 were only for its own governance and were not a part of the contract. Same ? Status of Professor as Permanent Employee not Changed by State Boards Action in Striking Governing Regulation Which had the Force of Law from Its Rules and Regulations. 4. Where a professor at the State University upon execution of his fourth contract of employment came within the regulation of the State Board of Education that "reappointment after three years of service shall be deemed a permanent appointment" ? which had the force of law ? his status as a permanent employee was not changed by the action of the board in striking such regulation printed on the back of the sixth contract (the one in question), since the striking thereof had no more effect than would the striking of a provision of a statute; nor could it be said that claimant by performing his duties and drawing his salary waived his right to claim permanent status.