Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Gloria Gooley v. Board of Public Education for the School District of Pittsburgh, No. 113 April Term, 1973.
Persifor S. Oliver, Jr., Assistant Solicitor, with him David H. Dille, Assistant Solicitor, for appellant.
John H. Corbett, Jr., with him Karns & Corbett, for appellee.
Judges Wilkinson, Jr., Blatt and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.
[ 41 Pa. Commw. Page 312]
The Board of Public Education of the School District of Pittsburgh (Board) appeals from an order of the Court of Common Pleas of Allegheny County granting a writ of mandamus in favor of Gloria Gooley (Gooley) and ordering the Board to (1) reinstate Gooley to the status of tenured professional employee, (2) grant her a contract consistent with that status, and (3) pay her $3000.00 in back pay. On this appeal, the Board argues that the court below was without jurisdiction to issue a writ of mandamus and that it exceeded its authority in ordering Gooley reinstated with back pay. We agree that the trial court erred in issuing the writ of mandamus and accordingly we reverse.*fn1
[ 41 Pa. Commw. Page 313]
The facts of the case are virtually undisputed. On August 30, 1967, Gooley and the Board entered into a contract providing that Gooley "accepted an appointment to the temporary position of Temporary Teacher, OIC." At that time, Gooley had a provisional certificate to teach issued by the Department of Public Instruction. From August 31, 1967 through September, 1969, Gooley taught in the Adult Basic Education Program at the Connelly Skill Learning Center. In October, 1969, Gooley was transferred to the Washington Education Center where she again taught in the Adult Education Program. She remained there until her employment was terminated on June 30, 1972.
After signing the initial contract with the Board in 1967, Gooley worked without a written contract until September 22, 1971. On that date, she signed an "Agreement for Temporary Position" which provided that the appointment was to become effective October 1, 1971 and would terminate on June 30, 1972, that the temporary position was not a tenured one, and that employment beyond June 30, 1972 would require the execution of a new agreement.
Gooley was evaluated five times during the course of her employment. In June, 1968, she received a rating of "below average"; in June, 1969 and June, 1970, she was rated as "average"; in May, 1971, she was rated as "below average"; and in April, 1972, she received a rating of "unsatisfactory." Although Gooley received a permanent professional certificate from the Department of Public Instruction in March, 1969, she never met the prerequisites to be placed on the eligibility list of the School District of Pittsburgh.
On June 28, 1972, Gooley was informed by letter that her appointment in the Adult Basic Education Program would terminate on June 30, 1972, and that employment beyond that date would be possible only
[ 41 Pa. Commw. Page 314]
after execution of a new contract. She was not reemployed by the ...