Clark County School District v. Harris

913 P.2d 1268, 112 Nev. 285, 1996 Nev. LEXIS 42
CourtNevada Supreme Court
DecidedApril 3, 1996
Docket26489
StatusPublished
Cited by1 cases

This text of 913 P.2d 1268 (Clark County School District v. Harris) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark County School District v. Harris, 913 P.2d 1268, 112 Nev. 285, 1996 Nev. LEXIS 42 (Neb. 1996).

Opinion

OPINION

Per Curiam:

Respondent Fletcher Harris (“Harris”) and appellant Clark County School District (“CCSD”) entered into a written contract for employment on February 15, 1991. CCSD agreed to employ *287 Harris as a teacher for the second semester of the 1990-91 school year. On November 6, 1991, Harris and CCSD entered a second written contract for employment for the 1991-92 school year. On April 22, 1992, Harris received a notice of non-reemployment of a probationary employee from CCSD. CCSD then terminated Harris at the end of the 1991-92 school year.

On November 16, 1992, Harris filed a request for declaratory relief with the district court. Harris requested that the district court declare that (1) Harris became a postprobationary employee on February 15, 1992; (2) when CCSD terminated Harris, CCSD violated the provisions of NRS chapter 391; and (3) Harris was entitled to the procedural protections afforded to postprobationary employees. On July 25, 1994, the district court granted Harris’ request for declaratory relief.

CCSD raises three contentions in this appeal. First, CCSD contends that the district court erroneously determined that Harris was a postprobationary employee. Second, CCSD contends that res judicata barred Harris from requesting declaratory relief. Third, CCSD contends that Harris should be equitably estopped from asserting that he was a postprobationary employee.

We conclude that the district court improperly ruled that Harris was a postprobationary employee. Based on this conclusion, we do not address CCSD’s second and third contentions in this opinion.

FACTS

Harris and CCSD entered into a written contract for employment that was entitled “Probationary Contract Between Employee and Trustees.” Pursuant to the agreement, CCSD agreed to employ Harris as a teacher for ninety-three days during the second semester of the 1990-91 school year. On April 15, 1991, Harris received a notice of reemployment from CCSD, informing Harris that CCSD would employ him during the 1991-92 school year. On November 6, 1991, Harris and CCSD entered into a written contract for employment for the 1991-92 school year. The contract was entitled “Probationary Contract Between Employee and Trustees” and specified that Harris would provide 184 days of service.

On April 22, 1992, Harris received a notice of non-reemployment of a probationary employee from CCSD, alerting Harris that CCSD would not employ him during the 1992-93 school year. CCSD terminated Harris at the end of the 1991-92 school year by complying with the procedures established by NRS chapter 391 for the termination of a probationary employee, not a postprobationary employee.

On September 14, 1992, Harris filed a complaint against *288 CCSD requesting the district court to compel arbitration. Harris claimed that as a member of the Clark County Classroom Teacher’s Association (“CCCTA”), he was entitled to arbitrate any grievance that arose between CCSD and himself. CCSD opposed Harris’ complaint, arguing that the right to arbitrate grievances contained in CCCTA’s collective bargaining agreement extended to only postprobationary teachers, and Harris was not a postpro-bationary teacher. On November 3, 1992, the district court denied Harris’ request to compel arbitration.

On November 16, 1992, Harris filed a request for declaratory relief with the district court. After Harris filed a motion for a judgment on the pleadings and CCSD filed a motion for summary judgment, the district court conducted a hearing. On July 25, 1994, the district court entered two orders. In an order granting Harris’ motion for judgment on the pleadings, the district court granted the declaratory relief requested by Harris. In an order denying CCSD’s request for summary judgment, the district court ruled that CCSD failed to establish the requisite elements of equitable estoppel.

DISCUSSION

Harris argues that his service with CCSD for a calendar year automatically vested him with postprobationary status pursuant to the relevant provisions of NRS chapter 391. The district court ruled that Harris became a postprobationary employee on or about February 15, 1992, one calendar year after he was hired as a probationary employee.

NRS chapter 391 establishes procedures that govern the management of personnel matters by school districts. A “postproba-tionary employee” is defined as a teacher who has completed the probationary period described in NRS 391.3197 and has received a notice of reemployment. NRS 391.311(5). A “probationary employee” is defined as a teacher who is employed during the period set forth in NRS 391.3197. NRS 391.311(6).

A probationary employee is employed on an annual basis and has no right to reemployment after the probationary contract period. NRS 391.3197(1). However, if a probationary employee receives a notice of reemployment from the school district, that employee is entitled to be a postprobationary employee during the following year. NRS 391.3197(3). Notices of reemployment must be in writing and must be issued by the school district before May 1 of the school year. NRS 391.3197(2).

NRS chapter 391 also provides protections for temporary employees. An employee who is employed for ninety school days or less, in order to replace another employee whose employment was terminated after the beginning of a school year, can have the *289 time served under the temporary contract credited toward fulfilling the probationary period. NRS 391.3115(2).

We conclude that NRS chapter 391 does not expressly define how Harris’ ninety-three days of service during the 1990-91 school year impacts Harris’ employment status. Harris was not employed on an annual basis during the 1990-91 school year, indicating that he was not a probationary employee. See NRS 391.3197(1). Also, Harris’ 1990-91 employment contract specified ninety-three days of service, indicating that he was not a temporary employee. See NRS 391.3115(2). When a statute is ambiguous, we construe it in light of “legislative intent, reason and public policy.” Sheriff v. Marcum, 105 Nev.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
913 P.2d 1268, 112 Nev. 285, 1996 Nev. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-county-school-district-v-harris-nev-1996.