Burke v. Lead-Deadwood School District No. 40-1

347 N.W.2d 343, 17 Educ. L. Rep. 236, 1984 S.D. LEXIS 292
CourtSouth Dakota Supreme Court
DecidedApril 18, 1984
Docket14091
StatusPublished
Cited by24 cases

This text of 347 N.W.2d 343 (Burke v. Lead-Deadwood School District No. 40-1) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burke v. Lead-Deadwood School District No. 40-1, 347 N.W.2d 343, 17 Educ. L. Rep. 236, 1984 S.D. LEXIS 292 (S.D. 1984).

Opinions

HENDERSON, Justice.

William G. Burke appeals from the judgment rendered by the Circuit Court for the Eighth Judicial Circuit on December 28, 1982, affirming a decision of the Lead-Deadwood School District No. 40-1 to terminate his employment. We reverse.

[344]*344Burke was first employed by the Deadwood School District for the 1960-61 school year as an elementary classroom teacher. He maintained that position until December 1966, when he was employed as elementary principal. From that time, through the reorganization of the Deadwood School System into the Lead-Deadwood Independent School District No. 40-1 (District), Burke was an elementary principal. In 1978, Burke was employed as Director of Special Services. He held that position until 1982.

On March 8, 1982, Burke received a letter from the Superintendent of Schools, advising him that, due to economic necessity, his position of Director of Special Services was eliminated and he would be terminated at the end of his present contract. Burke requested a hearing which was held on April 14, 1982. At the conclusion of the hearing, Burke was advised that the School Board (Board) would stand by its prior decision. Appeal was taken to the Circuit Court, Eighth Judicial Circuit, and trial de novo' was held. Judgment was rendered affirming the Board’s decision, thus triggering this appeal. We must first vault a procedural hurdle before addressing the substantive aspect of this case.

Appellant submits that the Board acted illegally in failing to follow its Staff Reduction Policy with regard to his termination. Appellee urges that this issue has not been preserved for appeal because of a failure to submit proposed findings of fact and conclusions of law to the circuit court, citing Jennings v. Jennings, 309 N.W.2d 809 (S.D.1981), as authority.

Jennings does indeed state that “it is necessary to request findings of fact and conclusions of law and to object to findings of fact and conclusions of law as a prerequisite to challenging the decision on appeal.” 309 N.W.2d at 812. However, it should be noted that neither proposed findings nor objections to findings were ever filed in Jennings, despite a court-ordered, ten-day extension in which to do so. The adverse party had no grounds, then, upon which to rest a complaint as to the sufficiency of the evidence. Further, Jennings relies, as precedent, on numerous cases which have stated the above proposition much less restrictively. “This court has repeatedly held that where the sufficiency of the evidence was not questioned before the trial court by motion for a new trial, request for findings or other appropriate procedure sufficiency of the evidence cannot be reviewed .... ” In re Veith, 261 N.W.2d 424, 425 (S.D.1978); Builders Specialties Co. v. Swanson, 82 S.D. 663, 152 N.W.2d 550 (1967); Ove v. Hutcheson, 77 S.D. 78, 85 N.W.2d 675 (1957).

These decisions are based on an application of SDCL 15-26A-8, which provides: “Such ... matters ... as may have been timely presented to the trial court by motion for directed verdict, request for findings, or other apt motion, offer, or objection may be reviewed on appeal .... ” ' Though an exception is taken for “[a]ny action or decision of the court in making or modifying findings of fact or conclusions of law ...” per SDCL 15-6-52(a), there is a requirement of “a request for a finding on an issue of fact as the basis for a finding of insufficiency of the evidence as to it.” Builders Specialties, 152 N.W.2d at 551; Jennings.

The thrust of this statute is twofold. On the one hand, it will not allow a party, upon review, to profit from its own failure to act. On the other, it protects the trial court’s right to rule correctly. By insisting that all matters must be timely presented to the trial court, the legislature has attempted to insure that trial judges are given adequate opportunity to avoid mistakes.

In the present case, findings of fact were not proposed per se. However, explicit written objections were raised to appellee’s proposed findings. These objections contained the requisite specificity, pointing out particular defects or errors relied upon in objecting and advocated positive legal viewpoints. These were, in essence, proposed findings. Thus, the intent of the statute is preserved. The trial court had an opportunity to review the evidence, to weigh it, and to correct any errors and remove possible [345]*345doubts; i.e., it had an opportunity to rule correctly.

To the extent the holding in Jennings would refuse review in a situation such as this, where objections take the form of proposed findings, that holding is too narrow. To the extent that it would require filing findings and objections, it is, perhaps, too broad. We therefore confine Jennings to its facts, wherein the record stood void of both proposed findings and objections to findings, thereby leaving nothing with which to challenge the evidence. We further modify the proposition stated therein to conform more to the previous line of cases. We reassert that “[i]f a party does not present proposed findings of fact, make a motion for a new trial, or by some other apt motion, offer, objection or exception indicate his disagreement with the court’s findings, the sufficiency of the evidence to support the findings may not be questioned on appeal.” Johnson v. Adamski, 274 N.W.2d 267, 268 (S.D.1979); Swanson v. City of Deadwood, 88 S.D. 320, 219 N.W.2d 477 (1974). SDCL 15-26A-8. We determine appellant preserved those issues cited in the objections. Therefore, we proceed to the substantive issue upon which error is now predicated.

In school board cases, the de novo hearing is limited in nature and any independent inquiry into the facts is permitted only for the purpose of passing on the legality of the Board’s decision. The proper scope of review by this Court on an appeal from the circuit court is the same as that for other civil cases, i.e., determination is limited to whether the circuit court’s findings are clearly erroneous. Dale v. Bd. of Educ., 316 N.W.2d 108 (S.D.1982).

In eliminating Burke’s position with the District, the Board relied on its Staff Reduction Policy (Policy), a policy mandated by SDCL 13-10-11, such policy having the force and effect of law. Schnabel v. Alcester Sch. Dist. No. 61-1, 295 N.W.2d 340 (S.D.1980). Burke was notified in accordance with SDCL

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Burke v. Lead-Deadwood School District No. 40-1
347 N.W.2d 343 (South Dakota Supreme Court, 1984)

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Bluebook (online)
347 N.W.2d 343, 17 Educ. L. Rep. 236, 1984 S.D. LEXIS 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-lead-deadwood-school-district-no-40-1-sd-1984.