Barnett v. BOARD OF TRUSTEES STATE COLLEGES

809 So. 2d 184, 2001 WL 700809
CourtLouisiana Court of Appeal
DecidedJune 22, 2001
Docket2000 CA 1041
StatusPublished
Cited by10 cases

This text of 809 So. 2d 184 (Barnett v. BOARD OF TRUSTEES STATE COLLEGES) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barnett v. BOARD OF TRUSTEES STATE COLLEGES, 809 So. 2d 184, 2001 WL 700809 (La. Ct. App. 2001).

Opinion

809 So.2d 184 (2001)

J.D. BARNETT, et ux.
v.
BOARD OF TRUSTEES FOR STATE COLLEGES AND UNIVERSITIES a/k/a University of Louisiana System.

No. 2000 CA 1041.

Court of Appeal of Louisiana, First Circuit.

June 22, 2001.

*185 Donald G. Kelley, Natchitoches, Dee Hawthorne, Melrose, for Plaintiff/Appellant, J.D. Barnett.

Winston G. DeCuir, Sr., Baton Rouge, for Defendant/Appellee, Board of Trustees for State Colleges and Universities.

Before: CARTER, C.J., WEIMER, and KLINE,[1] JJ.

CARTER, Chief Judge.

J.D. Barnett brought breach of contract and detrimental reliance claims against the Board of Trustees for State Colleges and Universities (the Board).[2] He alleged that the Board approved his promotion to Athletic director of Northwestern State University of Louisiana at Natchitoches (NSU) in June 1995, to take effect July 1, 1996, but that in late summer or fall of 1996, someone else was appointed as athletic director, in violation of the Board's *186 contract and promise to Barnett. The Board moved for summary judgment, alleging it had never taken any official action placing Barnett in the position of head athletic director, and thus there was no contract to be breached. It further alleged that Barnett could not have reasonably relied on a promise that he would be made head athletic director because he was well versed in both university procedures and policy and the Board's rules and regulations and knew the Board had to formally approve the promotion. Finally, it alleged Barnett's suit was prescribed because he filed suit more than a year after he learned that the university planned to advertise nationally to fill the position of head athletic director.

The trial court found the action was not prescribed but granted summary judgment and dismissed Barnett's claims based on the other grounds raised by the Board. Barnett appeals.

Barnett was hired as head men's basketball coach at NSU in March 1994, while Dr. Robert Alost was NSU's President. Tynes Hildebrandt, NSU's head athletic director, began talking about retiring around that time. Hildebrandt finally set a retirement date of June 30, 1996, and discussed this with Dr. Alost and Jerry Pierce, NSU's Vice President of External Affairs. Dr. Alost and Pierce formulated a plan whereby Hildebrandt and Barnett would become executive director of athletics and athletic director/head men's basketball coach, respectively, on July 1, 1995, and then Barnett would become full-time athletic director July 1, 1996, when Hildebrandt retired. Dr. Alost sent a letter to Barnett on January 31, 1995, which began: "This is to provide written confirmation of my decision to appoint you as Athletic Director of Northwestern State University effective July 1, 1995 pending, of course, the approval of the Board of Trustees for Louisiana Colleges and Universities."

Hildebrandt became unhappy with this plan before it was implemented, however. In May 1995 Dr. Alost decided to instead appoint Barnett as associate athletic director effective July 1, 1995, and athletic director July 1, 1996, when Hildebrandt retired. Pierce drafted a letter for Dr. Alost's signature that was sent to Dr. James A. Caillier, President of the University of Louisiana System, on May 18, 1995. According to Pierce, the purpose of the letter was to gain "some direction on how to go about doing an appointment over two different fiscal years." The letter requested that Barnett be appointed "as Head Basketball Coach and Associate Director of Athletics effective immediately, and as Athletic Director effective July 1, 1996." No salary adjustment was requested for the 1995-96 fiscal year. The letter stated that "[a] proposed salary for his appointment as Athletic Director beginning July 1, 1996, will be submitted at a board meeting in the Spring of 1996 and will be based upon state averages for the position at that time."

On June 2, 1995, Dr. Alost sent Dr. Caillier a letter requesting that the "attached personnel actions be placed on the agenda for the June Board Meeting." The action requested on the attached personnel-change form was a change from "Head Coach Men's Basketball Instructor" to "Head Coach Men's Basketball Associate Director of Athletics" with "Additional Duties No Salary Increase." The phrase "CONTINGENT UPON LETTER OF MAY 18, 1995, attached" is typed across the bottom of the form in the record, and stars were hand drawn in the boxes for "Salary Rate From" and "Salary Rate To." Pierce testified, however, that the stars and notation were not on the form when it left Dr. Alost's office. He assumed they *187 were placed there after the request went to the Board, after he had discussed with Dr. Caillier that personnel-change form had not been submitted as Pierce thought it would be.

The Board meeting was held June 29, 1995. On June 9, 1995, Dr. Caillier faxed Pierce a copy of Dr. Alost's June 2 letter, upon which was stamped: "Approved by the Board of Trustees for State Colleges and Universities on June 29, 1995 by: James A. Caillier System President." Included with the fax was the same personnel-change form attached to Dr. Alost's June 2, 1995, letter to Dr. Caillier, with the hand-drawn stars and the contingent phrase at the bottom. On July 18, 1995, Dr. Caillier sent a memorandum to the presidents of the universities governed by the Board, including Dr. Alost, stating, "For your information and file, attached are copies of personnel actions approved by the Board at its June 29, 1995 meeting." The form attached also contained the stars and the contingent phrase typed at the bottom.

Pierce testified in his deposition that he met with Barnett either the same day or two to three days after the June 29, 1995 meeting of the Board and advised him the July 1, 1996 appointment as athletic director had not been approved. Barnett does not controvert this testimony. Pierce testified he was "professionally and personally in favor" of Barnett becoming athletic director. Pierce stated he had assumed the head athletic director appointment would have been on the personnelchange form Dr. Alost submitted, but it was not. He stated he was not overly concerned, however, because there was still a year left in which Dr. Alost could submit a personnel-change form to the Board. He had discussions with Dr. Alost, questioning why it had not been included on the form submitted, and it was his understanding that Dr. Alost would submit the personnel-change forms required to appoint Barnett athletic director at a later date. He had further discussions with Dr. Alost on the subject, but then Dr. Alost announced he was retiring and would leave the athletic director appointment to the incoming president.

Dr. Randy Webb became acting president of NSU on May 13, 1996, and president on July 1, 1996. He testified he called Barnett into his office on May 14 and told him that he understood the Board had never officially appointed him athletic director, that he wanted to advertise the position nationally, and that he encouraged Barnett to apply. Barnett testified, however, that Dr. Webb did not tell him he was going to advertise, but only that he was considering doing so. On May 30, 1996, Dr. Caillier sent a letter to Dr. Webb that stated:

Although Dr. Alost's letter indicated his intent to subsequently recommend Mr. Barnett as Athletic Director effective in FY 1996/97, and although he stated that appropriate appointment forms and terms of the appointment would be submitted to the Board for its consideration in the Spring of 1996, no such forms and no formal request for appointment have been received by this office.

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