Fleming

This is an appeal from an order denying a petition for a writ of mandamus to compel a school board to permit the petitioner to teach in the public school of that district and to require the payment of her salary therefor.

The Board of Trustees of Oakville School District in Napa County consists of H. H. Carpenter, the duly elected clerk thereof; A. L. Lincoln and Peter Del Bondio. All of the members of the board met at the office of the clerk on May 4, 1929, to pass upon the election of teachers for the ensuing year. The petitioner, Helen L. Fleming, had been previously elected and served as a probationary teacher in that district for the school year of 1928-1929. At the meeting of the board on May 4th, it was decided by a majority of the members of the board not to employ the petitioner for the following year. No minutes of this meeting were kept. No formal motion or vote of the members was taken or registered with respect to the employment of the petitioner. That particular subject was, however, discussed orally, and at least two of the members, declared their opposition to her re-election. Following this determination of the board, the clerk then stated in their presence that…