Von Durjais v. Board of Trustees of Roseland School District

Appellant sought declaratory relief for unpaid salary under the terms of her written contract of employment as a probationary certificated employee with respondent Board of Trustees, Roseland School District (hereafter Board) for the period of time she had been suspended and placed on compulsory leave of absence pending resolution of charges against her, one of which ultimately resulted in her dismissal.

Facts

The record discloses the following facts relevant to our discussion. As a result of a criminal complaint lodged against appellant charging multiple violations of the Health and Safety Code, the Board, acting under authority of sections 12912.5 and 13409 of the Education Code, placed appellant on compulsory leave of absence on October 17, 1974. The complaint was dismissed on October 31, 1974. One week later, the Board adopted and filed a formal statement of charges specifying four separate grounds for dismissal under section 13403; the enabling resolution directed service of a statutory notice of intention to dismiss (see § 13404) and ordered that the compulsory leave status remain in effect pending final determination of the charges. Upon appellant’s demand, a…