Boone v. Birmingham Board of Education

45 So. 3d 764, 29 I.E.R. Cas. (BNA) 1859, 2009 Ala. LEXIS 263, 2009 WL 3711577
CourtSupreme Court of Alabama
DecidedNovember 6, 2009
Docket1071539
StatusPublished
Cited by14 cases

This text of 45 So. 3d 764 (Boone v. Birmingham Board of Education) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boone v. Birmingham Board of Education, 45 So. 3d 764, 29 I.E.R. Cas. (BNA) 1859, 2009 Ala. LEXIS 263, 2009 WL 3711577 (Ala. 2009).

Opinion

PARKER, Justice.

The petitioner, the Birmingham Board of Education (“the BOE”), asks us to review the decision of the Alabama Court of Civil Appeals holding that appointments to nonteaching supplemental positions made by the BOE are subject to the notification requirements of the Teacher Tenure Act, § 16-24-1 et seq., Ala.Code 1975 (“the TTA”), for nonrenewal when the appointee is a “teacher” as that term is defined in the TTA. The BOE argues that the Court of Civil Appeals has improperly extended the reach of the TTA and that that court’s opinion conflicts with existing precedent. We agree, and we reverse the Court of Civil Appeals’ decision and remand the case.

Background

Francine Boone, Demarcus Gates, Dor-etta Harris, Alvin Moore, James Drake, Kenneth Johnson, and Howard Ross, Jr., the plaintiffs/respondents (“the plaintiffs”), were certified teachers employed by the BOE at all times relevant to this case. In addition to their teaching duties, the plaintiffs were employed by separate appointment to provide additional services in extracurricular activities, serving as coaches, football workers, and support-activity sponsors. The qualifications for these positions do not include a teaching certificate, and the positions are not reserved for teachers. When teachers are employed to fill these positions, the additional duties are not incorporated into their teaching contracts; rather, the teachers enter into supplemental contracts when they are appointed to those supplemental positions. These appointments are documented using a separate notification form by which the BOE unilaterally notifies the teacher that *766 he or she has been appointed to fill a specified position for a specified time at a specified salary. The salary for the appointed position is expressed as a lump sum and is based on a different salary schedule and paid separately from the teacher’s salary for classroom instruction.

Traditionally, the BOE notified teachers who had served in the supplemental positions before the end of the school term that they would not be appointed to the supplemental positions for the following school year. In the school years 2004, 2005, and 2006, however, the BOE departed from its earlier practice and did not notify the teachers appointed to the supplemental positions until after the school year had ended that they would not be reappointed. On May 12, 2006, four of the plaintiffs sued the BOE in the Jefferson Circuit Court; 1 the other three plaintiffs were permitted to later join the action. In their complaint, the plaintiffs alleged, in pertinent part, that the BOE had violated statutory law and caselaw and had breached its supplemental contract with each plaintiff. The complaint alleged:

“[E]ach plaintiff has had a supplemental contract for coaching or other sport related position cancelled by the [BOE] within the past three years since the filing of this complaint. Each cancellation of said Plaintiffs’ supplemental contract was contra to Alabama law and/or [BOE] policy in that [BOE] action regarding the termination of said contracts did not occur in the time allowed by statute and case law and/or proper notice of said cancellation was not received by the Plaintiffs as required by statute and case law to wit: Davis v. Russell 85[2] So.2d 774 (Ala.Civ.App.2002) (when affecting subsequent year’s salary, cancellation of supplemental contract requires written notice be given to school employee prior to end of present school).”

On March 26, 2007, the BOE filed a motion for a summary judgment. The BOE argued in its motion that the plaintiffs had presented no disputed issue of material fact but' that the plaintiffs’ case was “founded on a misapprehension of the nature of their employment and a concomitant misapplication of controlling legal principles.” The BOE argued that the plaintiffs’ attempt to superimpose a statutory-notiee-of-nonretention requirement on supplemental positions held by teachers that are not teaching positions and that exist only for a definite duration with a built-in notice of expiration is misplaced and should be rejected as a matter of law. The BOE further argued that the plaintiffs’ reliance on § 16-24-12, Aa.Code 1975, entitled “Teacher deemed reemployed for succeeding school year unless notified,” is likewise misplaced. That statute, the BOE argued, applies only to teachers, and the supplemental positions, which may be filled by persons other than teachers, i.e., by persons not certified by the State Department of Education, are not teaching positions; therefore, the BOE argued, employees, including teachers, filling those nonteaching supplemental positions are not covered by § 16-24-12.

The trial court entered a summary judgment in favor of the BOE. In its order, the trial court found that the appointments for the supplemental positions “are approved only for seasonal assignments that are not coextensive with the school term.” The trial court also noted as an undisputed fact *767 that “[supplemental employment is neither included within nor covered by ... teaching contracts, and is approved separately from contracts relating to teaching service.” The plaintiffs appealed.

On appeal, the Court of Civil Appeals found that the BOE had violated § 16-24-12, Ala. Code 1975, It reversed the decision of the trial court and remanded the case for further proceedings. Boone v. Birmingham Bd. of Educ., 45 So.3d 757 (Ala.Civ.App.2008). The BOE petitioned this Court for a writ of certiorari asking that we review as a matter of first impression the decision of the Court of Civil Appeals that extends § 16-24-12, Ala. Code 1975, to nonteaehing positions if the person appointed to that position is a teacher.

Standard of Review

Our standard of review is de novo: “Because the issues presented by [this appeal] concern only questions of law involving statutory construction, the standard of review is de novo. See Taylor v. Cox, 710 So.2d 406 (Ala.1998).” Whitehurst v. Baker, 959 So.2d 69, 70 (Ala.2006). This Court has also said:

“[I]t is this Court’s responsibility in a case involving statutory construction to give effect to the legislature’s intent in enacting a statute when that intent is manifested in the wording of the statute. Bean Dredging[ LLC v. Alabama Dep’t of Revenue,], 855 So.2d [513] at 517 [ (Ala.2003) ].... ““ “If the language of the statute is unambiguous, then there is no room for judicial construction and the clearly expressed intent of the legislature must be given effect.” ’ ” ’ Pitts v. Gangi, 896 So.2d 433, 436 (Ala.2004) (quoting DeKalb County LP Gas Co. v. Suburban Gas, Inc., 729 So.2d 270, 275 (Ala.1998), quoting in turn earlier eases). In determining the intent of the legislature, we must examine the statute as a whole and, if possible, give effect to each section. Employees’ Retirement Sys. of Alabama v. Head, 369 So.2d 1227, 1228 (Ala.1979).”

Ex parte Exxon Mobil Corp., 926 So.2d 303, 309 (Ala.2005). Further,

“when determining legislative intent from the language used in a statute, a court may explain the language, but it may not detract from or add to the statute. Siegelman v.

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Bluebook (online)
45 So. 3d 764, 29 I.E.R. Cas. (BNA) 1859, 2009 Ala. LEXIS 263, 2009 WL 3711577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boone-v-birmingham-board-of-education-ala-2009.