Summary
In Williamson v. Cassady, 311 Ky. 666, 224 S.W.2d 934, Board of Education of Bath County v. Hogge, Ky., 239 S.W.2d 459, and Board of Education of Pike County v. Justice, Ky., 268 S.W.2d 648, this Court held that the position of a teacher holding a continuing service contract could be changed but that, by virtue of the provisions of KRS 161.760, her salary could not be reduced unless as a part of a uniform plan affecting the entire district.
Summary of this case from Board of Education of Nelson County v. LawrenceOpinion
November 18, 1949.
Action by Russell Williamson, against Telia Cassady, chairman of the board of education of Martin County, Kentucky and others, for an order directing that board of education set aside an order previously entered by board by which plaintiff was employed in Warfield High School and defendant Oran Hinkle was employed as principal of Inez High School.
The Martin Circuit Court, granted a temporary injunction as requested.
The defendant moved to dissolve the temporary injunction.
Rees, J., of the Court of Appeals, held that under the Teachers' Retirement and Tenure Act, the board of education, on recommendation of county superintendent of schools, had authority to transfer plaintiff, who had been employed as principal, to a teaching position in another High School, but was without authority to reduce plaintiff's salary, and sustained the defendant's motion to dissolve the temporary injunction.
Sustaining defendant's motion.
This case is before me on a motion by the defendants to dissolve a temporary injunction granted by the Judge of the Martin Circuit Court. The order granting the injunction directed that the Board of Education meet and set aside the order entered by the Board on August 8, 1949, by which plaintiff was employed as a teacher in Warfield High School and the defendant Oran Hinkle was employed as principal of the Inez High School, and to enter an order employing the plaintiff, Russell Williamson, in lieu of Oran Hinkle as principal of Inez High School.
All members of the Court sat with me on a hearing of the motion, and all are of the opinion that the Board of Education of Martin County, upon the recommendation of the County Superintendent of Schools, had the authority to transfer plaintiff who had been employed as principal of the Inez High School to a teaching position in the Warfield High School, but that the Board of Education is without authority, under the Teachers' Retirement and Tenure Act, to reduce the plaintiff's salary.
All members of the Court are of the opinion that the motion to dissolve the temporary injunction should be sustained and the injunction dissolved.
It is so ordered this November 18, 1949.