Anita J. Ring v. Honorable James R. Schlesinger and Honorable John W. Warner

502 F.2d 479, 164 U.S. App. D.C. 19, 1974 U.S. App. LEXIS 7183
CourtCourt of Appeals for the D.C. Circuit
DecidedAugust 16, 1974
Docket72-1568
StatusPublished
Cited by33 cases

This text of 502 F.2d 479 (Anita J. Ring v. Honorable James R. Schlesinger and Honorable John W. Warner) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anita J. Ring v. Honorable James R. Schlesinger and Honorable John W. Warner, 502 F.2d 479, 164 U.S. App. D.C. 19, 1974 U.S. App. LEXIS 7183 (D.C. Cir. 1974).

Opinions

MATTHEWS, Senior District Judge:

A teacher, hired to teach Navy dependents at the United States Naval Station on Midway Island for a one-year probationary period, was discharged during such trial period pursuant to Navy Civilian Personnel Instructions (NCPI) 352.4-8 governing termination of employment during probation.

Suit was instituted by the teacher against the Secretary of Defense and the Secretary of the Navy seeking a declaratory judgment that her dismissal denied her freedom of speech under the First Amendment and procedural due process under the Fifth Amendment.

The teacher moved for summary judgment. The Government responded with a similar motion. Summary judgment was granted by the District Court to the Government, and the teacher appealed.

I

On July 14, 1965, appellant contracted with the Department of the Navy to serve as a secondary teacher in the Navy Dependents School (George Cannon High School) at the United States Naval Station on Midway Island for the period from August 17, 1965, to June 7, 1966. In addition to her salary, appellant was to receive travel and transportation allowances. Thereafter, in accordance with this agreement, she entered upon her teaching duties.

On April 17, 1966, appellant and two other colleagues prepared a memorandum entitled “Richard Bushman’s incompetency and lack of ethics as principal of George Cannon School.” This memorandum 1 stated:

“We would like to bring to your attention a number of incidents that have occurred in George Cannon High School which warrant your consideration. We believe that there has been an almost total breakdown of morale and discipline because the principal, Mr. Bushman, has not carried out his duties competently and has on the contrary disregarded even the most basic professional ethics. He has indicated that his attempts to carry out policies have met with staunch parental disapproval. We believe it is Mr. Bushman’s duty as principal to see that school policies, approved by the school board and teachers, are enforced despite the opposition of any student or parent.”

At the same time, each teacher prepared her own personal statement criticizing administrative actions and specifying events and policies which she believed to be mismanagement of the school. Appellant’s personal statement in its entirety is set forth in the Appendix to this opinion.

Mrs. Ring sent the memorandum of April 17, 1966, and the teachers’ personal statements to four persons. The recipients were: Captain J. M. Savacool, Commanding Officer of the United States Naval Station, Midway Island; Richard R. Meyering, Superintendent, Department of Defense Dependent Schools for the Pacific area; Edwin G. [482]*482Francisco, Coordinator, Department of Defense Dependent Schools;2 and Virginia J. March, a representative of the Overseas Education Association of the National Education Association. Only Captain Savaeool lived and worked at Midway Island.

The record indicates that after receiving the memorandum and statements, Captain Savaeool instructed the School Advisory Board to investigate the allegations made by Mrs. Ring and the other two teachers. The Board met five times, but Mrs. Ring appeared before it only once, at which time the main inquiry was directed to why she had not sent her memorandum through channels.3

Following its investigation, the Board submitted a written report to Captain Savaeool, finding that there was no support for the teachers’ allegations. It recommended that “(1) Mrs. Ring’s employment as a secondary teacher be terminated at the earliest possible opportunity, by reason of undesirable suitability characteristics. (2) That Mrs. Faris be issued a letter of caution concerning her actions. (3) That Mrs. Burgess be verbally reprimanded for her actions. (4) That this summary, and the attachments be retained by the command for reference.” Appendix, p. 118.

On May 14, 1966, Captain Savaeool gave Mrs. Ring written notice that he proposed to terminate her services as a teacher effective May 20, 1966, in accordance with NCPI 352.4-8 “which provides for the separation of an employee during the trial period if it becomes apparent that the employee has undesirable suitability characteristics.” Appendix, p. 25. Further he stated that she had made “statements which were slanderous and defamatory about the officials of the Dependents’ School”; that she had “transmitted these slanderous and defamatory statements by letters to several persons in other locations”; and that these statements had “created friction and discord among the school faculty and [had] seriously hampered the proper administration of the school system.” Id.

On May 20, 1966, Mrs. Ring presented an eight-page, typewritten letter in reply to Captain Savacool’s notice of the proposed termination of her services. On the same day, she received written notification from Captain Savaeool effecting her termination. She complied with an order to leave Midway Island on May 25, 1966, without allowances for travel and transportation.4

In suing the Secretary of Defense and the Secretary of the Navy seeking a declaratory judgment that her dismissal was in contravention of her constitutional rights, appellant asked that the defendants be compelled to expunge from the records of the Department of the Navy and the Department of Defense and all other records under their control all references to her dismissal including the ostensible reasons therefor.

We first consider appellant’s procedural due process claim.

II

The District Court found that in effecting appellant’s discharge, Captain Savaeool had followed the procedures of the pertinent Navy Civilian Personnel Instructions (NCPI).5

[483]*483It was understood in Mrs. Ring’s employment agreement that all Navy Civilian Personnel Instructions applied to her appointment and service. Her discharge was grounded on undesirable suitability characteristics. In part, Navy Civilian Personnel Instruction 352.4-8a provides:

“Termination During Probation is the appropriate action when:
“(1) A career or career-conditional employee, during his probationary period, fails after a full and fair trial to demonstrate that he possesses the skills and character traits necessary for satisfactory performance as a career employee. (A full and fair trial is whatever period (within the one-year probationary period) is necessary to appraise his performance and conduct against appropriate standards and to reach a considered judgment whether he should be retained or separated; * * *). The action may be based upon deficiency in duty performance, lack of aptitude or cooperativeness, or upon undesirable suitability characteristics evidenced by his activities either during or outside official working hours. * * * ”

. Mrs. Ring was given notice, the reasons for her proposed separation, the effective date thereof, was advised of her right to reply personally and/or in writing, received consideration of her reply, and a final decision terminating her employment — all in compliance with NCPI 352.4-8b.6

However, Mrs.

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Bluebook (online)
502 F.2d 479, 164 U.S. App. D.C. 19, 1974 U.S. App. LEXIS 7183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anita-j-ring-v-honorable-james-r-schlesinger-and-honorable-john-w-cadc-1974.