BD. OF TR. OF JACKSON PUBLIC SCH. D. v. Knox

638 So. 2d 1278, 1994 WL 263571
CourtMississippi Supreme Court
DecidedJune 16, 1994
Docket94-TS-394
StatusPublished
Cited by5 cases

This text of 638 So. 2d 1278 (BD. OF TR. OF JACKSON PUBLIC SCH. D. v. Knox) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
BD. OF TR. OF JACKSON PUBLIC SCH. D. v. Knox, 638 So. 2d 1278, 1994 WL 263571 (Mich. 1994).

Opinion

638 So.2d 1278 (1994)

BOARD OF TRUSTEES OF the JACKSON PUBLIC SCHOOL DISTRICT
v.
Bishop Earl KNOX.

No. 94-TS-394.

Supreme Court of Mississippi.

June 16, 1994.

*1279 Perry Sansing, James A. Keith, Brunini Grantham Grower & Hewes, Jackson, for petitioner.

Nathan W. Kellum, Tupelo, for respondent.

En banc.

SMITH, Justice, for the Court:

This is a school district personnel matter, before this Court on the Motion to Stay Execution Pending Appeal filed by the Board of Trustees of the Jackson Public School District ("Board"), wherein the Board seeks a stay of the chancellor's order reinstating Dr. Bishop Earl Knox, a suspended principal and granting other relief.

Although the genesis of the problem is the principal's decision to allow a student to pray over the school intercom system, the issue before us today is totally removed from the constitutional question involving prayer in the public schools. Our task involves only an assessment of the statutory scheme for removing school personnel during the period of an employment contract. More particularly, we are asked to apply familiar principles of law to determine whether the chancellor's order of reinstatement should be given effect, prior to a final determination of the issues on the merits by this Court on appeal. Those familiar principles lead us to conclude that because the Board has not demonstrated a strong likelihood of success on the merits and has demonstrated no irreparable harm to it from immediate reinstatement, its application for a stay as to Dr. Knox's reinstatement must be denied.

The chancery court jurisdiction to review the Board's entire record was limited to whether the Board's decision was unlawful, and/or arbitrary or capricious. The chancellor, by statute, could only affirm or reverse the decision of the Board. Dr. Knox did not seek any relief concerning "prayer guidelines" in his Petition For Appeal of Final *1280 Decision of School Board, filed in the Chancery Court of Hinds County. Dr. Knox only requested reinstatement, back pay plus costs, and expungement from his personnel record of negative reference in connection with his suspension. Dr. Knox does not contest the Board's request to stay back pay and costs. Based on the limited record before us, the motion to stay pending appeal is granted as to the back pay, costs and prayer guidelines.

I.

On December 15, 1993, the Board of Trustees of the Jackson Public School District suspended Dr. Knox's employment with the District until July 1, 1994, based on "lack of professional judgment." Knox filed his notice of appeal from this decision on January 4, 1994. The Hinds County Chancery Court, acting as an appellate court, entered an order on April 22, 1994, reinstating Dr. Knox with back pay. The chancery court further ordered the District to "draw guidelines for school prayer consistent with this opinion. If there is any question of the legality or constitutionality of the guidelines, an opinion shall be requested from the Attorney General. All costs of this proceeding are assessed to the appellee." On April 22, the Board filed its notice of appeal from the chancery court's judgment. The Board then filed a Motion for Stay Upon Appeal with the chancery court. This motion was denied by order dated April 26, 1994.

On April 26, 1994, the Board filed its Motion to Stay Execution Pending Appeal pursuant to Miss.Sup.Ct.R. 8 with this Court. The Board asked that this Court stay the chancery court's directives concerning Dr. Knox's reinstatement, back pay and costs, and guidelines concerning prayer. The Board also filed a supplement to this motion, which included a copy of the chancery court's bench ruling on the Motion for Stay Upon Appeal.

Also on April 26, Dr. Knox filed a motion for time to allow him to respond to the Board's Motion to Stay Execution Pending Appeal. On April 27, five members of this Court granted Dr. Knox's motion, directing that his response be filed with this Court by May 4. The Court also stayed the chancery court's judgment until the Court could rule on the Board's Motion to Stay Execution Pending Appeal.

II.

The chancery court's order contained the following directives: (1) that Dr. Knox would be reinstated; (2) that he would be awarded back pay and costs; and (3) that the Board would draw up guidelines to deal with school prayer. The Board requests that this Court stay the operation of the chancery court judgment as to all three of these issues pending its appeal from the chancery court judgment. Dr. Knox does not contest the Board's request to stay back pay and costs. Dr. Knox further states that "the guidelines objected to by Appellee should be recognized as advisory comments." In addition, Dr. Knox asserts the following in his memorandum in support of his response to the motion to stay:

As pointed out by the District, Dr. Knox did not request any guidelines, as he certainly could not, since he was appealing an employment decision from the Board of Trustees. Consequently, the propriety of guidelines was not an issue before the Chancery Court and any comments in that regard must necessarily be considered advisory remarks.

The Court finds that the portion of the Board's motion to stay dealing with back pay, costs and prayer guidelines should be granted pending the disposition of this appeal.

This leaves in controversy Dr. Knox's reinstatement before July 1, 1994, when he will resume his duties at Wingfield High School. Both parties agree that where relief in the nature of an injunction or an injunctive type remedy is awarded, the proper test for the reviewing court to consider is found in Miss. Sup.Ct.R. 8 and Miss.R.Civ.P. 62. Rule 62 provides in part:

(c) Injunction Pending Appeal. When an interlocutory or final judgment has been rendered granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of an appeal from such judgment upon such terms as to bond or otherwise as it considers *1281 proper for the security of the rights of the adverse party. The power of the court to make such an order is not terminated by the taking of the appeal.
(g) Power of Appellate Court Not Limited. The provisions in this rule do not limit any power of an appellate court or of a judge or justice thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered.

The comment to Rule 62 adds:

An application under Rule 62(c) or (g) necessarily goes to the discretion of the court. The governing considerations are the same whether the application is to the trial court under subdivision (c) or to an appellate court under subdivision (g). Thus it is generally required that (A) the applicant make a strong showing that he is likely to succeed on the merits of the appeal; (B) the applicant establish that unless a stay is granted he will suffer irreparable injury; (C) no substantial harm will come to other interested parties; (D) a stay would do no harm to the public interest. See Wright & Miller, supra; Belcher v. Birmingham Trust Nat. Bank, 395 F.2d 685 (5th Cir.1968); Pitcher v. Laird,

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Cite This Page — Counsel Stack

Bluebook (online)
638 So. 2d 1278, 1994 WL 263571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bd-of-tr-of-jackson-public-sch-d-v-knox-miss-1994.