Snell v. Mapleton Public School District No. 7

222 N.W.2d 852
CourtNorth Dakota Supreme Court
DecidedOctober 31, 1974
DocketCiv. No. 9015
StatusPublished

This text of 222 N.W.2d 852 (Snell v. Mapleton Public School District No. 7) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Snell v. Mapleton Public School District No. 7, 222 N.W.2d 852 (N.D. 1974).

Opinion

ERICKSTAD, Chief Justice.

Mapleton Public School District No. 7 and the members of its school board appeal to this court from a judgment rendered in favor of the plaintiff, Gerald J. Snell.

The pertinent part of the judgment reads:

“IT IS HEREBY ORDERED, ADJUDGED AND DECREED'
“I.
“That the Plaintiff was an employee of a state political subdivision, within the meaning of Sections 37-01-25 and 37-01-25.1 of the North Dakota Century Code, and as such employee he was called into the federal non-civilian service.
“II.
“That the Plaintiff entered such non-civilian employment status for a period of two days and that thereafter he was discharged from said military service, within the meaning of the statute.
“HI.
“That by the terms of Section 37-01-25.1, the Plaintiff was entitled to be rehired to his former employment with the state political subdivision.
“IV.
“That the Defendant school board was under the obligation to rehire the Plaintiff for the school year 1971-72 and the failure of the school board to rehire the Plaintiff is a violation of the Plaintiff’s rights as set forth in Sections 37 — 01—25 and 37-01 — 25.1 of the North Dakota Century Code.
“V.
“That the total prospective wages for the Plaintiff were $7,050.00 and that the Plaintiff earned during said period $2,813.47 and the Plaintiff is therefore entitled to a judgment in the amount of $4,236.53 with interest at the statutory rate, together with the costs and disbursements taxed and allowed in the amount of $68.69, making a total Judgment of $4,305.22.”

[854]*854Prior to his employment as a business education teacher and football coach at Ma-pleton High School, Snell attended May-ville State College where he was a member of the football team. In one of the last games in his senior year, he sustained a knee injury which necessitated surgery in January of 1970 at St. John’s Hospital in Fargo. The surgery was performed by Dr. Ross Halliday.

It appears that in May of 1970 Mr. Snell received his degree from Mayville State College and was ordered to take his first preinduction armed forces physical. He had previously, on March 20, 1970, signed a contract with the Mapleton School District for the 1970 — 71 school year.

Upon taking his first preinduction physical, Snell was informed that he had passed the physical but that he would be required to take another physical before being inducted into the armed services.

Because he had signed a contract to teach school at the Mapleton High School during the 1970-71 school year, he asked the Pem-bina County Draft Board at Cavalier to defer his induction until the end of the school year. In this effort to secure a deferment, he received the support of the superintendent of the Mapleton School District, Mr. Robert Kummeth, who wrote a letter to the board asking for Snell’s deferment.

As a result of this effort when Snell received by order dated November 16, 1970, instructions to report to the selective service office at Cavalier, North Dakota, on December 14, 1970, he received in the same envelope an order of the same date postponing his induction to June 15, 1971.

Because of that order, notwithstanding Snell's very successful year as a coach of the Mapleton football team, which had a win-loss record of 8 to 0, and because all concerned believed that Snell would be inducted in June of 1971, no contract was entered into between the parties for the school year 1971 — 72.

Snell must have received an additional postponement of the induction for a few days. In any case, on June 23, 1971, after reporting to the draft board at Cavalier, he was appointed by the executive secretary of the board as the leader of a group of registrants to see that he and one other registrant reported to the Armed Forces Examining or Induction Station at Fargo.

Before taking the second physical he secured a statement from Dr. Halliday, the legible parts of which read:

“This 21 year old male was playing football last fall and was clipped from behind in the right knee. He was unable to play for one week but was able to do so after that. One week previous to examination he was running and demonstrating gym classes and his right knee suddenly gave way on him when he tried to stop suddenly. This was locked and he was unable to extend his knee completely. The next morning surgery was performed and a completely torn medial ._was restored. Post-opera-tively his course has been unremarkable except that he’s had two more episodes of his knee going out on him.”

Snell gave this statement to the induction officials at the time he reported in June of 1971.

On arriving at the induction station at Fargo, Snell again underwent a physical examination and at that time his knee was examined by Dr. William Kelly, a specialist. At the conclusion of Dr. Kelly’s examination, Snell was informed by the officials that he was physically not acceptable and was given a written statement to that effect. The form of the certificate so informing him of this fact is entitled “Statement of Acceptability.” The pertinent part of that form which was checked by the officials as applying to his case reads: “Found not acceptable for induction under current standards.”

The school district contends that since Snell was not under contract with the school district at the time that he reported [855]*855for induction in June of 1971 and was never actually inducted into the service; therefore he was never discharged from the service, and, accordingly, was not entitled to reemployment by the school district under the laws of North Dakota.

Pertinent to this issue are parts of Section 37 — 01—25, N.D.C.C., and Section 37-01— 25.1, N.D.C.C.

“37-01-25. Officers and employees of state or political subdivisions in national guard or federal service to retain status for period of active service. — All officers and employees of this state or of a political subdivision thereof who:
* * * * * *
“3. Shall be subject to call in the federal service by the president of the United States; * * *,
******
■when ordered by proper authority to active noncivilian employment, shall be entitled to a leave of absence from such civil service for the period of such active service without loss of status or efficiency rating. If such persons have been in the continuous employ of the state or political subdivision for ninety days immediately preceding the leave of absence, the first thirty days of such leave of absence shall be without loss of pay.”
“37-01-25.1.

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Bluebook (online)
222 N.W.2d 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snell-v-mapleton-public-school-district-no-7-nd-1974.