Boaz City School Board v. Stewart

233 So. 3d 986
CourtCourt of Civil Appeals of Alabama
DecidedNovember 4, 2016
Docket2150582
StatusPublished

This text of 233 So. 3d 986 (Boaz City School Board v. Stewart) 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
Boaz City School Board v. Stewart, 233 So. 3d 986 (Ala. Ct. App. 2016).

Opinion

PITTMAN, Judge.

This appeal arises from teacher-disciplinary proceedings under the Students First Act (“the SFA”), Ala. Code 1975, § 16-24C-1 et seq., involving Kevin Stewart (“the teacher”), a teacher in the City of [987]*987Boaz school system. The superintendent of the Boaz school system, in a letter dated April 8, 2015, notified the teacher that termination of the teacher’s employment would be recommended by the superintendent because of the teacher’s work at a pawn shop during the course of a paid medical leave from.his employment as a teacher with the Boaz school system. After an ore tenus proceeding, the Boaz City School Board (“the Board”) voted to terminate the teacher’s employment. The teacher timely sought appellate review of that decision,, and a hearing officer was appointed to hear the teacher’s appeal on the administrative record. That hearing officer issued an order determining that the Board’s action was arbitrary and capricious and that the Board’s decision was due to be reversed. The Board appealed to this court from the hearing officer’s order.

Under the SFA, hearing officers are to apply an “arbitrary-and-capriciouS’ standard of review ... of employers’ decisions under the SFA.” Ex parte Lambert, 199 So. 3d 761, 768 (Ala. 2015). That standard “is meant to be extremely deferential to the ... decision” of a board of education employing a teacher, such as the Board in. this case, and “ ‘require[s] ... deference to’” the pertinent board’s decision from hearing officers “ ‘even if [a hearing officer] would have reached a different result than did the [b]oard.’ ” Huntsville City Bd. of Educ. v. Jacobs, 194 So.3d 929, 939 (Ala. Civ. App. 2014) (quoting Chilton Cty. Bd. of Educ. v. Cahalane, 117 So.3d 363, 368 (Ala. Civ. App. 2012)).

We further note that, in undertaking appellate review of a hearing officer’s order entered in a case governed by the SFA, we review that order with no presumption that the order, as opposed to the decision of the disciplining board of education, is correct. See Cahalane, 117 So.3d at 368 (noting that, in disciplinary proceedings under the SFA, school boards receive evidence and are triers of fact and that hearing officers are “in no better position than is this court -to review” disciplinary decisions of school boards under the SFA). Cf. Alabama Dep’t of Youth Servs. v. State Pers. Bd., 7 So.3d 380, 385 (Ala. Civ. App. 2008) (noting that, in the analogous context of proceedings involving judicial review of an administrative-agency decision under the Alabama Adininistrative Procedure Act, Ala. Code 1975, § 40-22-1 et seq., this court will review a circuit court’s judgment without a presumption of correctness because the circuit court is in no better position to review an agency’s decision than is this court). In effect, this court’s review function under the SFA is similar to that' obtaining in administrative-law' settings generally—that is, review of the underlying decision “as though the [initial] appeal had been taken directly to this court.” State Oil & Gas Bd. v. Seaman Paper Co., 285 Ala. 725, 742, 235 So.2d 860, 876 (1970); accord Alabama Pub. Serv. Comm’n v. Nunis, 252 Ala. 30, 34, 39 So.2d 409, 412 (1949).

The record before the Board reveals the following facts. In pursuance of its responsibilities as to governance of the school system in the City of Boaz, the Board has adopted a policy' manual governing the conduct of, among other things, the Board’s employees. Among the provisions of the policy manual is § 5.9.3, which governs paid sick leave of regular, full-time employees; two of its subdivisions provide as follows: "

“5.9.3.a.1.3 Use of Sick Leave—Eligible employees may only use sick leave for absences caused by the following:
“1. Personal illness.
“2, Incapacitating personal injury..
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“5,9.3.a.l.4 Certification—Employees must certify that sick leave was used for [988]*988one of the reasons provided in state law and specify the reason. If the employee’s principal or department head has probable cause to believe that an employee has abused or misused sick leave, a physician’s statement verifying the existence and nature of the illness or medical condition may be required by the Board. Abuse of sick leave may subject the employee to disciplinary action. “[Reference: Ala. Code § 16-1-18.1 (1975) ].”

(Emphasis added.) The Board’s policy manual also contains a prohibition of conflicts of interest, § 5.6, that provides that “[e]mployees may not use their offices or positions for personal gain and must adhere to applicable provisions of’ state ethics laws and may engage in “outside employment” only under particular terms and conditions, including:

“a. Employees will not engage in outside business activities or render any service for another employer during such time as duties and responsibilities have been assigned by the Board;
“b. Employees will not accept outside employment that would interfere with or impair the ability of the employee to perform duties as a Board employee effectively.”

The teacher has worked as an agricultural-science instructor at Boaz High School since 2001 and has, on occasion, worked as a tennis and swimming coach there. On or before January 12, 2015, the teacher and two other persons formed a corporation called “Sand Mountain Pawn and Outdoors, Inc.,” in order to operate an existing pawn-shop business that was conveyed to the incorporators by another person; according to testimony at the hearing before the Board, the teacher held a 35% ownership interest in the pawn-shop business. Soon thereafter, the teacher began disengaging from his work for the Board, directly notifying a superior on January 21, 2015, that he would no longer be able to coach tennis “[d]ue to the advice of [his] physician” and submitting a form “absence authorization” dated January 26, 2015, obtained from a chiropractor stating that the teacher was under the chiropractor’s cai-e and recommending that the teacher be “excused” from January 27, 2015, through February 24, 2015. However, the particular illness or injury made the basis of the teacher’s absence from his duties was not disclosed in either communication.

On February 4, 2015, during the period for which the teacher had sought to “excuse” his absence from his educational duties, another Board employee who had received information that the teacher was working at the pawn-shop business’s location went to that location and observed the teacher assisting customers of the business; when asked why he was working for the pawn-shop business while on sick leave from his employment with the Board, the employee admitted that the question was “kind of tricky” but apparently did not provide a substantive answer. On February 10, in response to that encounter, the teacher hand delivered a letter to the school-system superintendent again formally requesting a medical leave of absence and a form signed by a physician at a family-medicine clinic stating that the teacher was “[f]ully restricted” from working “until reassessment on February 24, 2015, and release[] by” the chiropractor who had executed the January 26, 2015, form. Again, however, neither the letter nor the form specified an illness or injury suffered by the teacher.

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Related

Waters v. CITY & CTY. OF MONTGOMERY PER. BD.
507 So. 2d 951 (Court of Civil Appeals of Alabama, 1986)
Alabama Department of Youth Services v. State Personnel Board
7 So. 3d 380 (Court of Civil Appeals of Alabama, 2008)
Alabama Public Service Commission v. Nunis
39 So. 2d 409 (Supreme Court of Alabama, 1949)
Chilton County Board of Education v. Cahalane
117 So. 3d 363 (Court of Civil Appeals of Alabama, 2012)
Huntsville City Board of Education v. Jacobs
194 So. 3d 929 (Court of Civil Appeals of Alabama, 2014)
Lambert v. Escambia County Board of Education
199 So. 3d 761 (Supreme Court of Alabama, 2016)
State Oil and Gas Board of Ala. v. Seaman Paper Co.
235 So. 2d 860 (Supreme Court of Alabama, 1970)

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Bluebook (online)
233 So. 3d 986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boaz-city-school-board-v-stewart-alacivapp-2016.