Beverly v. Board of School Commissioners

678 So. 2d 113, 1995 Ala. Civ. App. LEXIS 575, 1995 WL 601652
CourtCourt of Civil Appeals of Alabama
DecidedOctober 13, 1995
Docket2940407, 2940426
StatusPublished
Cited by3 cases

This text of 678 So. 2d 113 (Beverly v. Board of School Commissioners) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beverly v. Board of School Commissioners, 678 So. 2d 113, 1995 Ala. Civ. App. LEXIS 575, 1995 WL 601652 (Ala. Ct. App. 1995).

Opinion

ROBERTSON, Presiding Judge.

On March 18, 1993, Deborah S. Beverly, Kevin G. Morrow, and Valerie K. Addicks (collectively referred to as Plaintiffs) filed a complaint in the Mobile County Circuit Court against the Board of School Commissioners of Mobile County (Board), alleging breach of contract, negligent misrepresentation, and violation of their constitutional right to due process. Plaintiffs requested certification of their action as a class action on behalf of “all persons employed by the Board on September 8, 1992, who were denied the annual or ‘step’ raise in pay or salary represented by the salary schedule or schedules then in existence.” The Board answered Plaintiffs’ complaint on April 2, 1993, denying all material allegations and raising the defenses of sovereign immunity and good faith exercise of the power and authority vested in it in its official capacity.

On September 28, 1993, Hazel W. Blunt and Vicki R. Duncan (collectively referred to as Intervenors) filed a motion requesting that they be allowed to intervene in the action against the Board. On that same day, Intervenors also filed a complaint in intervention against the Board, alleging breach of contract, negligent misrepresentation, and violation of their constitutional right to due process. Intervenors requested certification of their action as a class action on behalf of “all persons employed by the Board on September 8, 1992, who were denied the annual or ‘step’ raise in pay or salary represented by the salary schedule or schedules then in existence,” and also on behalf of “all classified employees of defendants who were denied, during the 1992-93 school year, the ‘one time increment’ in salary for 21 years of ‘creditable service,’ as provided for by School Board policy and the 1992-93 salary schedules passed by the Board.”

Thereafter, on September 28, 1993, Plaintiffs and Intervenors filed a joint motion requesting that the trial court certify this action as a class action and that the class be defined as:

“all persons employed by the Board of School Commissioners of Mobile County on September 8, 1992, who were denied the annual or ‘step’ raise in pay or salary represented by the salary schedule or schedules then in existence; and further, defining a sub-class of plaintiffs defined as: ‘all classified employees of defendants who were denied, during the 1992-93 school year, the “one time increment” in salary for 21 years of “[creditable] service.” ’ ”

On October 15, 1993, the Board filed a motion, objecting to Plaintiffs’ request for class action certification and to Intervenors’ requests for intervention and class action certification. Thereafter, on October 20, 1993, Plaintiffs and Intervenors filed a brief in support of them motion to have the action certified as a class action, and a brief in support of Intervenors’ request for intervention.

On March 15, 1994, Plaintiffs and Interve-nors filed a joint motion for summary judgment, with a supporting brief, affidavits, and discovery materials, alleging that there was no general issue as to any material fact and that they were entitled to a judgment as a matter of law. In their motion, Plaintiffs and Intervenors argued that all employees, teachers, and classified employees commenced work at the beginning of the 1992-93 school year under the existing salary schedules, which set forth their represented salaries; and, thus, that the Board had breached its contract with them by adopting new and different salary schedules 10 days after the start of the school year; by not following the terms and provisions of the Teacher Tenure Law; and by failing to pay the “one-time increment” in salary as provided in the salary schedules to employees who had obtained 21 years of “creditable service.” Plaintiffs and Intervenors also argued that the Board’s actions were taken without the basic procedural safeguards, such as notice and a hearing, and violated their due process rights. On April 14, 1994, the Board filed a motion for summary judgment, with a supporting brief, affidavits, and discovery materials, al[115]*115leging that there was no genuine issue as to any material fact and that it was entitled to a judgment as a matter of law.'

Thereafter, the trial court entered an order on January 12, 1995, denying class certification to Plaintiffs but granting class certification to Intervenors; a summary judgment in favor of the Board as to all counts of the Plaintiffs’ complaint and the Intervenors’ complaint except as to the breach of contract count; and a summary judgment in favor of the Intervenors as to their breach of contract count claiming a “one-time increment” in salary for 21 years of “creditable service.”

Plaintiffs appeal; the following issues are before this court: (1) Whether the Board breached its contract with the teachers and other employees alike when it refused to pay them the salary step increases and supplements that were in place at the beginning of the 1992-93 school year; (2) Whether the Board’s failure to pay teachers the represented salary step increases and supplements violates the Alabama Teacher Tenure Law; and (3) Whether the Board violated the teachers’ and other employees’ due process rights in denying them the represented step increases and supplements.

The Board cross-appeals, raising the following issue: Whether the trial court erred in ruling that the Board’s “pay freeze” breached the contracts of that limited number of employees claiming a “one-time increment” in salary for 21 years of “creditable service.”

We initially note that a summary judgment is proper when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Rule 56(c)(3), Ala.R.Civ.P. An appellate court reviewing a summary judgment uses the same standard used by the trial court in reaching its initial decision. Southern Guaranty Ins. Co. v. First Alabama Bank, 540 So.2d 732 (Ala.1989).

I. Plaintiffs’Appeal

Plaintiffs first argue that the Board breached its contract with the members of Plaintiffs when it refused to pay them the salary “step” increases and salary supplements that were in place at the beginning of the 1992-93 school year. Specifically, Plaintiffs argue that the salary schedules and salary supplements set by the Board were Board policies by which the Board was bound; that the Board allowed the 1992-93 school year to start with the salary schedules in place; and, therefore, that the Board breached its contract with Plaintiffs on September 9, 1992, when it adopted new and different salary schedules for the 1992-93 school year. Also, Plaintiffs argue that a unilateral contract existed between its members and the Board; that by failing to adopt new and different salary schedules before the beginning of the 1992-93 school year, the Board had made an offer to Plaintiffs to continue in their employment under the existing salary schedules; that Plaintiffs accepted the Board’s offer by commencing work at the beginning of the school year; and therefore, that the Board breached its contract by adopting new and different salary schedules for the 1992-93 school year after the school year had begun.

Salaries are a matter of school board policy. Etowah County Board of Education v. Smith, 584 So.2d 526 (Ala.Civ.App. 1990), aff’d, 584 So.2d 528 (Ala.1991); Baker v. Oneonta City Board of Education, 519 So.2d 1350 (Ala.Civ.App.1987).

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Cite This Page — Counsel Stack

Bluebook (online)
678 So. 2d 113, 1995 Ala. Civ. App. LEXIS 575, 1995 WL 601652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beverly-v-board-of-school-commissioners-alacivapp-1995.