Brennan

Governing Board of Nicasio School District v. Brennan

Good Law
18 Cal. App. 3d 396·1971 Cal. App. LEXIS 1393·95 Cal. Rptr. 712
Court of Appeal of CaliforniaJune 24, 1971Docket Nos. 26958, 27201California2,343 words

Opinion

Opinion

Caldecott, J.

November 22, 1967, the respondent Governing Board of the Nicasio School District of Marin County, filed a complaint against appellant Garnet E. Brennan seeking her dismissal as a teacher employed by the school district. On June 17, 1968, appellant filed a petition for a writ of mandate, seeking an order compelling the school district to reemploy her for the 1968-1969 school year. The appeals are from a judgment in favor of the school district on the complaint and from a denial of the petition for a writ of mandate. The actions on the complaint and on the petition for writ of mandate were consolidated for trial and will be considered together on this appeal.

During the school year 1967-1968 appellant was a probationary certified employee of the Nicasio School District. On or about September 27, 1967, appellant made and executed an affidavit, telling of her long and beneficial use of marijuana. She executed the affidavit to support another person’s motion for an arrest of judgment. The other person had been convicted of the crimes of possession of marijuana and related offenses. The trial court specifically found that appellant believed she was performing a civic duty by…

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