Brown v. Red River Parish School Bd.

469 So. 2d 1110, 1985 La. App. LEXIS 8628
CourtLouisiana Court of Appeal
DecidedMay 8, 1985
Docket16998-CA, 16999-CA
StatusPublished
Cited by11 cases

This text of 469 So. 2d 1110 (Brown v. Red River Parish School Bd.) 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
Brown v. Red River Parish School Bd., 469 So. 2d 1110, 1985 La. App. LEXIS 8628 (La. Ct. App. 1985).

Opinion

469 So.2d 1110 (1985)

Bobby BROWN, Plaintiff-Appellant,
v.
RED RIVER PARISH SCHOOL BOARD, Defendant-Appellee.

Nos. 16998-CA, 16999-CA.

Court of Appeal of Louisiana, Second Circuit.

May 8, 1985.

*1111 Murphy J. White, Mansfield, for plaintiff-appellant.

Walter E. Dorroh, Jr., Asst. Dist. Atty., Coushatta, for defendant-appellee.

Before HALL, FRED W. JONES, Jr. and NORRIS, JJ.

NORRIS, Judge.

Appellant Bobby Brown appeals a judgment of the trial court sustaining exceptions of prematurity and dismissing his two suits against the Red River Parish School Board. For the reasons expressed, we reverse and remand.

Brown is a tenured elementary school teacher and employee of the Red River Parish School Board ("Board") at Springhill Junior High in Coushatta. At the Board's regular meeting on March 20, 1984, two parents complained to the entire Board about Brown's methods of disciplining students. Brown had received no formal notice that he would be the subject of discussion at the meeting, although his principal had informally mentioned it to him earlier the same day and had discouraged him from attending. Without affording Brown the opportunity to present his side of the story, the Board found Brown guilty of inflicting "cruel and excessive" punishment. As a result, the Board voted to reprimand him and place him on probation. The Superintendent composed and mailed him a letter, which read in part:

*1112 Therefore, this letter is to advise you that you are now on a probationary period of 20 working days, March 20—April 20, 1984. During that probationary period, further incidents of excessive punishment meted out by you upon your students will be dealt with harshly by this Board. Further, you are advised that in the event a complaint is brought to this Board by a concerned parent about you and your use of excessive punishment, even if such complaint is brought after the probationary period, this Board will have to consider stern disciplinary action against you.
A copy of this letter will be placed in your personnel file for future reference. We trust that this warning will be heeded * * *.

Acting on the Board's instructions, the superintendent placed a copy of the letter in Brown's personnel file for future reference. However, the Board never resorted to any further action. Brown was neither fired, suspended, nor demoted. Despite the Board's alleged attempt to proceed with discretion, news of Brown's reprimand and probation leaked and appeared in stories in the Coushatta Citizen and Shreveport Times.

Brown did not appeal the probation and reprimand according to the Board's grievance procedure; in fact, he appears never even to have taken up the matter with any of the persons involved. Instead, he filed two lawsuits against the Board, almost three months later. The suit appealed in No. 16,998-CA claimed damages for defamation; No. 16,999-CA contested the reprimand and probation, and demanded attorney fees. The Board filed dilatory exceptions of prematurity, arguing that the grievance procedure was a condition precedent to judicial action on grievances. After a brief hearing, the trial court sustained these exceptions and dismissed the suits without prejudice. From these judgments, Brown appeals.

Shortly after Brown lodged these appeals, the Board moved to dismiss them, on the ground that judgment on a dilatory exception is interlocutory and therefore not appealable absent a showing of irreparable harm. LSA-C.C.P. art. 2083. This court denied the motion to dismiss. Although a judgment sustaining a dilatory exception is itself only interlocutory, yet the subsequent decree dismissing the suit is a final, appealable judgment. Stone v. Stone, 258 So.2d 404 (La.App. 4th Cir.1972); Prejean v. Ortego, 262 So.2d 402 (La.App. 3d Cir. 1972); Butler v. Flint-Goodridge Hosp., etc., 346 So.2d 1131 (La.App. 4th Cir.1977). This issue is no longer before the court.

THE GRIEVANCE POLICY

In 1983, the legislature enacted LSA-R.S. 17:100.4, authorizing school boards to establish grievance procedures for teachers. R.S. 17:100.4 provides in part:

A. Each city and parish school board shall adopt rules, regulations, and policies necessary to establish a grievance procedure that shall guarantee a fair hearing on grievances by any teacher or group of teachers employed by such school board. However, prior to the adoption of the rules, regulations, and policies, each school board shall consult with the various professional organizations that represent the teachers in that school system regarding the grievance procedure.
B. In establishing a grievance procedure, each city and parish school board shall allow for representation in any school board action on the grievance by the teacher or teachers voicing the grievance or by a representative or representatives of their choosing.

Pursuant to this authority, the Red River Parish School Board adopted a "Complaints and Grievances Policy" ("Policy") on November 1, 1983. For purposes of discussion, we will summarize the Policy's salient features. A grievance is defined as a claim by an individual or student that he or she has suffered harm or injury by "the interpretation, application or violation of a contract, a school board policy, a law or constitutionally guaranteed rights." A grievance does not include a matter for which *1113 the resolution is prescribed by law, such as employee termination or student discipline, or where the school board is without authority to act.

Grievances are to be processed according to a five-tiered procedure.

Level One consists of an oral discussion with the aggrieved person's immediate supervisor or principal.

Level Two requires a written grievance to be submitted to the same supervisor or principal.

Level Three is submission of the same written grievance to the member of the central office staff with jurisdiction over the grievance.

Level Four is submission of the same written grievance to the superintendent.

Level Five requires a written request for the superintendent to place the grievance before the entire Board.

The Policy establishes time limits for response on each level and contemplates that the employee should begin at Level One and proceed upward, as each request is either unanswered within the prescribed time, or denied by the appropriate respondent.

Without labeling it an administrative remedy, the trial court found that the Policy prescribed a procedure which must be followed before a complainant may resort to the courts.

SPECIFICATIONS OF ERROR NOS. 1 & 2

In his first specification of error, Brown claims the Board's action is appealable to the district court because of the provisions of LSA-R.S. 17:443. Appellant contends not only that the Board acted illegally in not following the twenty-day notice requirement of § 443 A, but that its action is subject to review under § 443 B. R.S. 17:443 provides, with emphasis added to show the language on which Brown relies:

§ 443. Removal of teachers; procedure; right to appeal
A.

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Bluebook (online)
469 So. 2d 1110, 1985 La. App. LEXIS 8628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-red-river-parish-school-bd-lactapp-1985.