Phillips

The defendant Wendell B. Phillips, Jr., appeals from a judgment which authorized the plaintiff school board to dismiss him from his position as a welding teacher, under the provisions of the Education Code, sections 12956,12958 and 13403.

Phillips was hired in August 1961 and became a certificated probationary employee of the school district. On December 1, 1961, the district superintendent received a call from a confidential informant suggesting an investigation of Phillips’ background. The superintendent interviewed Phillips and learned he was a former member of the Communist Party. This prompted a hearing before the board December 18, 1961, pursuant to section 12956 which required answers under oath on matters specified in section 12955; failure to answer questions on such matters is insubordination, necessitating suspension and dismissal.

In substance section 12955 required answers of the school employee relating to his

*97 Both sides were represented by attorneys at the hearing. The board president announced no charges were pending against Phillips; the sole purpose was to seek information from him. Phillips presented a written statement saying that he had been a socialist…